[Adopted 3-23-2010 by L.L. No. 13-2010 (Ch. 294, Art. III,
of the 1985 Code)]
As used in this article, the following terms have the meanings
indicated:
A nonportable fire extinguishing system containing an extinguishing
agent under pressure that is expelled for the suppression of a fire,
not to include any type of fixed fire sprinkler system.
The Portable Fire Extinguisher and Automatic Fire Extinguishing
Systems Licensing Board.
A certificate or document issued to a person by the Suffolk
County Commissioner of Fire, Rescue and Emergency Services authorizing
the existence and use of premises for the purpose of the design, installation
and/or servicing of portable fire extinguishers and automatic fire
extinguishing systems.
An electrically nonconducting volatile or gaseous fire extinguishant
that does not leave a residue upon evaporation, exclusive of carbon
dioxide.
Equipment required for the recovery of dry chemical or halogenated
agents so that the extinguishing agent is captured in a closed system.
The Commissioner of the Suffolk County Department of Fire,
Rescue and Emergency Services (FRES).
The Suffolk County Department of Fire, Rescue and Emergency
Services (FRES).
A Fire Marshal duly appointed by or employed by Suffolk County.
Pressure testing by hydrostatic methods in accordance with
United States Department of Transportation regulations.
A card issued to a holder of a license as defined herein.
The placement of any automatic fire extinguishing system
or portable fire extinguisher, as defined herein, in a structure,
building, or any other item, place, or location for the purpose of
controlling or extinguishing a fire.
Equipment or materials to which has been attached a label,
symbol, or other identifying mark of an organization acceptable to
the Fire Marshal and concerned with product evaluation, that maintains
periodic inspection of production of labeled equipment or materials,
and by whose labeling the manufacturer indicates compliance with appropriate
standards of performance in a specified manner.
A certificate or document issued to a natural person by the
Commissioner authorizing the holder thereof to install and service
portable fire extinguishers and automatic fire extinguishing systems.
Equipment and/or materials that are included in a list published
by an organization acceptable to the Fire Marshal and concerned with
product evaluation, that maintains periodic inspection of production
of listed equipment or materials and whose listing states that either
the equipment or materials meet appropriate standards or have been
tested and found suitable for use in a specified manner. The means
for identifying listed equipment vary for each organization concerned
with product evaluation, some of which do not recognize equipment
as listed unless it is also labeled. The Fire Marshal shall utilize
the system employed by the listing organization to identify a listed
product.
Those units having an operating pressure of 500 psig (34.45
bars) or less.
Pressure testing by hydrostatic methods in accordance with
the National Fire Protection Association (NFPA) 10 standard.
The National Association of Fire Protection.
Any natural person, firm, corporation, partnership, limited-liability
company, entity, joint venture, association, or organization.
A designated location at which work in connection with servicing
or installation of portable fire extinguishers and automatic fire
extinguishing systems is conducted.
A portable device, carried or on wheels and operated by hand,
containing an extinguishing agent that can be expelled under pressure
for the purpose of suppressing or extinguishing fire.
The act of removing dry chemical or halogenated agents from
a fire extinguisher or systems by means of a closed recovery system
as defined herein.
A place of business which has a valid, current certificate
of registration duly issued by the Commissioner.
Any or all of the following:
A.
It is unlawful, except as permitted under § 471-18 of this article, to install or service portable fire extinguishers and automatic fire extinguishing systems, or to be employed by the owner or operator of a facility registered under § 471-20 of this article as an installer or servicer in Suffolk County, or to represent or advertise that a person intends to or is engaged in the installation or servicing of portable fire extinguishers or automatic fire extinguishing systems, without obtaining a license from the Commissioner in accordance with, and subject to, the provisions of this article.
B.
A license issued pursuant to this article does not authorize the
performance of any work which is reserved to qualified individuals
under separate provisions of state, federal, or local law.
C.
Liability for damage. This article does not confer any immunity from
liability upon any license holder for any loss of life or damage to
person or property. The County of Suffolk is not to be deemed to have
assumed any liability by reason of its issuance of a license.
Portable fire extinguishers and automatic fire extinguishing
systems shall be serviced at a registered facility, except that a
clean agent automatic fire extinguishing system may be serviced at
the location of its installation by a license holder.
The provisions of this article do not apply to employees of
or individuals acting on behalf of any federal, state, or local government
or any agencies thereof.
A.
All applications for a license shall be submitted in writing on forms
furnished by the Department, signed by the applicant under oath, and
accompanied by a nonrefundable application fee in the amount of $100.
B.
Applications shall contain all information and supporting data concerning
qualifications as the Commissioner may prescribe.
C.
The applicant may be required to appear before the Board at such
time and place as may be designated by the Board to enable the Board
to determine the accuracy of the facts set forth in the initial or
renewal written application.
D.
An applicant must be at least 18 years of age, of good character,
and financially responsible. No individual shall be entitled to a
license if the applicant has been convicted in this state or elsewhere
of a felony, or a crime with a New York State felony equivalent, unless
he or she has received an executive pardon. Valid certificates of
relief from disabilities or good conduct from the appropriate parole
board to remove the disability under this subsection because of such
conviction will be considered.
E.
An applicant who has successfully completed the application process
must be employed by, or be the owner of, a registered facility before
a license will be issued to him or her.
F.
An applicant must take and pass written and practical qualification
examinations prepared and administered by the Department evidencing
competency in the servicing and installation of portable fire extinguishers
and automatic fire extinguishing systems.
G.
An applicant shall submit an original manufacturer's certification
for any particular system for which he/she has been so certified to
service and/or install and/or a certificate of training acceptable
to the Board for portable fire extinguisher servicing.
H.
An applicant shall meet such further qualifications as may be prescribed
by rules and regulations issued by the Commissioner or the Board.
I.
Upon the authorization of the Board, the Commissioner shall issue
a license to each applicant who has submitted satisfactory evidence
of qualifications and who has complied with all of the requirements
of this article and the rules and regulations of the Commissioner
or the Board.
J.
No applicant for a license or license renewal shall have any unsatisfied
judgment from which there is no appeal made, or available further
appeal for child support against him or her, or be in arrears in child
support payments as determined by official court records or official
government records, at the time an application is filed for such license
or license renewal. If an applicant has such a judgment against him
or her, or is in such arrears, but is current in payments on a judicially
approved, or Child Support Enforcement Bureau sanctioned, payment
schedule to pay off or reduce such judgment or arrears, then such
individual shall be eligible for a license or license renewal.
K.
All applications shall include a representation by the applicant
that he or she is making all required payroll tax payments for his
or her employees, including Social Security taxes, Medicare taxes,
and state and federal unemployment taxes. If such representation is
not made, a license will not be issued. The applicant's failure
to make required payroll tax payments during the term of his or her
license or certificate of registration, as determined by the Commissioner
after an investigation by the Suffolk County Department of Labor or
based upon a finding of a federal or state court administrative law
judge, hearing officer, or agency of competent jurisdiction, shall
constitute grounds for the imposition of a fine or the suspension
or revocation of a license or the denial of an application for the
renewal of a license, in accordance with the applicable provisions
of this article.
L.
A license holder shall conspicuously display his or her license at
his or her place(s) of employment at all times, and shall carry with
him or her, at all times, the license identification card issued to
him or her for display, upon request, at any time while performing
work for which a license is necessary. The display of a license or
license identification card whose term has expired is prohibited.
M.
A license holder shall notify the Department in writing, in a manner
and form prescribed by the Department, within seven days, of a change
of residence or business address. A failure to provide such notifications
shall result in suspension of the license until such suspension has
been vacated by the Department.
B.
Except as permitted under § 471-18, no person shall install or service or allow the installing or servicing of portable fire extinguishers or automatic fire extinguishing systems, or represent, advertise or otherwise hold oneself out as engaged or intending to engage in the installation or servicing of portable fire extinguishers or automatic fire extinguishing systems, except at a registered facility.
C.
The Department may conduct inspections, during reasonable hours,
of a registered facility and the records required to be maintained
on the premises under this article or rules and regulations of the
Commissioner or the Board throughout the period of registration to
ensure compliance with the requirements of this article.
D.
Liability for damage. This article does not confer any immunity from
liability upon any holder of a certificate of registration for any
loss of life or damage to person or property. The County of Suffolk
is not to be deemed to have assumed any liability by reason of the
issuance of a certificate of registration.
A.
An application for registered facility designation shall be submitted
in writing on forms furnished by the Department, signed under oath
by a natural person or corporate officer or member of an applicant,
and shall set forth.
(1)
Name and address of applicant:
(a)
If an individual, the residence address of the individual and the
name under which he/she intends to conduct business.
(b)
If a co-partnership or limited-liability company, the name and residence
address of each member thereof, and the name under which the business
is to be conducted.
(c)
If a corporation, the name of the corporation and the name and residence
address of each of the officers and stockholders.
(2)
The business(es) or occupation(s) engaged in by the applicant, or,
if a copartnership, by each member thereof, or, if a limited-liability
company, by each member thereof, or, if a corporation, by each officer
thereof for the two-year period immediately preceding the date of
the application, setting forth the addresses where such business or
occupation was engaged in and the name or names of the employers,
if any.
(3)
The place, or places, including the complete address(es), where the
servicing or installation is to be conducted.
(4)
A federal tax identification number and/or New York State sales tax
identification number, as applicable.
(5)
A representation by the applicant that he or she or it is making
all required payroll tax payments for his or her or its employees,
including Social Security taxes, Medicare taxes, and state and federal
unemployment taxes. If such representation is not made, a certificate
of registration will not be issued. The applicant's failure to
make required payroll tax payments during the term of his or her or
its certificate of registration, as determined by the Commissioner
after an investigation by the Suffolk County Department of Labor or
based upon a finding of a federal or state court, administrative law
judge, hearing officer, or agency of competent jurisdiction, shall
constitute grounds for the imposition of a fine or the suspension
or revocation of a certificate of registration or the denial of an
application for the renewal of a certificate of registration, in accordance
with the applicable provisions of this article.
(6)
All other information as is prescribed under rules and regulations
promulgated by the Commissioner and/or the Board.
B.
The applicant is required to appear at such time and place, in the
Board's discretion, as may be designated by the Board, to enable
the Board to make a determination of the accuracy of the facts set
forth in the written initial or renewal application.
C.
An applicant who is a natural person must be at least 18 years of
age, of good character, and financially responsible.
D.
No person shall be entitled to a certificate of registration if he
or she, or a corporate officer or member of any other type of business
entity, has been convicted in this state or elsewhere of a felony,
or a crime with a New York State felony equivalent, unless he/she
has received an executive pardon. Valid certificates of relief from
disabilities or good conduct from the appropriate parole board to
remove the disability under this subsection because of such conviction
will be considered.
E.
Each applicant and each member or each officer of a business entity
must possess trustworthiness and good character necessary to transact
business in a competent manner that safeguards the public.
F.
A registered facility shall have adequate space and proper facilities
to retain and safeguard all records and documents required to be maintained
upon the premises by the rules and regulations promulgated by the
Commissioner or the Board.
G.
A place of business for which an application for a certificate of
registration is made shall be subject to a visual inspection, which
may include the taking of photographs.
H.
A place of business for which an application for a certificate of
registration is made must possess a valid certificate of occupancy
or other certificate issued by the local municipality having jurisdiction,
and the use as a registered facility must be a permitted use by the
municipality having zoning jurisdiction over the premises.
I.
Fees. Every initial and renewal application for registration shall
be accompanied by a nonrefundable application fee of $200. An additional
inspection fee of $350 will be payable at the time of application
for any inspection of a premises that is located outside of the County
of Suffolk.
J.
Upon the authorization of the Board, the Commissioner shall issue
a certificate of registration to each applicant who has submitted
satisfactory evidence of qualifications and who has complied with
all the requirements of this article and the rules and regulations
of the Commissioner or the Board.
K.
A certificate of registration issued under this section may be renewed
upon application therefor in such form as may be prescribed.
L.
An application may be made for a certificate of registration issued
in the name of an individual to be assigned or transferred for the
remainder of the registration period to a partnership, corporation
or other entity, provided that the individual holding such certificate
is a general partner of such partnership, the owner of not less than
25% of the outstanding voting shares of such corporation or the holder
of not less than a twenty-five-percent interest in any other type
of business entity, accompanied by evidence satisfactory to the Commissioner
that the requirements of the relationships described above have been
satisfied. Such assignment or transfer may be granted in the discretion
of the Commissioner. No assignment or transfer shall become effective
until proper endorsement evidencing said transfer or assignment has
been made on the face of the registration by the Commissioner and
such registration certificate, so endorsed, has been returned to the
assignee of transferee. All such endorsements shall require the payment
of a fee of $50. Every other holder of a certificate of registration
shall, within seven days of a change in its ownership, control or
management, notify the Department in writing of such change and apply
for a new certificate of registration.
M.
A certificate of registration issued pursuant to this chapter shall
be conspicuously posted in each place of business.
A.
A license or certificate of registration shall be valid for two years
from the date of issuance thereof and shall expire on the last day
of the 24th month following such issuance. Subsequent renewals shall
be for periods of two years. A nonrefundable application fee of $50
is payable at the time of submission of a renewal application. A registered
facility is subject to a visual reinspection prior to issuance of
a renewal certificate of registration.
B.
The fee for a license, and for each renewal of license, shall be
$400. The fee for a certificate of registration, and for each renewal
of a certificate of registration, shall be $800. The fees are payable
after approval of an application and prior to issuance of the license,
renewal license, certificate of registration or renewal certificate
of registration.
C.
Failure to make application and pay the required annual fee for renewal
of a license or certificate of registration prior to the expiration
date shall render the license or certificate of registration null
and void on the expiration date and require the license holder or
certificate of registration holder to submit a new application for
an original license or certificate of registration. Compliance with
the provisions of this article shall entitle the license or certificate
of registration holder to renewal, provided such license or certificate
of registration has not been suspended or revoked by the Commissioner
prior to the expiration date.
D.
The death of an individual license holder or certificate of registration
holder shall terminate such license or certificate of registration.
E.
A license may not be assigned or transferred. A certificate of registration may not be assigned or transferred except as provided in § 471-21L.
F.
A license or certificate of registration shall be conspicuously posted
in the registered facility, and a license in the place(s) of employment
of a license holder.
G.
A license holder is not permitted to authorize or allow the use of
his/her license by or on behalf of any other person.
H.
All advertising by a license or certificate of registration holder
shall include a Suffolk County Department of Fire, Rescue and Emergency
Services license and registration number.
A.
A duplicate license or certificate of registration may be issued
by the Department for a license or certificate of registration which
has been lost, destroyed, or mutilated, upon application therefor
on a form prescribed by the Commissioner and the payment of a fee
of $20. Each such duplicate license or certificate of registration
shall have the word "duplicate" stamped across the face thereof and
shall bear the same number as the one it replaces.
B.
A license holder shall request from the Department a supplementary
license for each of his/her places of employment within the County
of Suffolk upon application therefor on a form prescribed by the Commissioner
and the payment of a fee of $20. Each such supplementary license shall
have the word "supplementary" stamped across the face thereof, shall
bear the same number as the original and shall be conspicuously posted
in each additional place of employment.
A.
Board creation; purpose. There shall be a five-member board known
as the "Portable Fire Extinguishing and Automatic Fire Extinguishing
Systems Licensing Board." The Board shall be under the general supervision
of the Department. Said Board shall evaluate the fitness of an applicant
for a license to install or service portable fire extinguishers and
automatic fire extinguishing systems and an applicant for a certificate
of registration and shall investigate and report to the Commissioner
on all proposed suspensions or revocations of licenses and certificates
of registration as hereinafter provided. Said Board shall be composed
of:
(1)
The designee of the Commissioner, who shall serve as Chair of the
Board;
(2)
The Suffolk County Chief Fire Marshal;
(3)
One representative nominated by the Fire Marshal's Association
of Suffolk County and confirmed and appointed by the Commissioner;
and
(4)
Two industry representatives who shall be selected through submission
of resumes, interview and appointment by the Commissioner.
[Amended 12-20-2011 by L.L. No. 30-2012]
B.
The three appointed members of the Board shall each serve for a three-year
term, and may be removed by the Board only for cause. However, for
the industry representative appointments made to the Board in 2011,
one shall be appointed for a term of three years and one shall be
appointed for a term of two years.
[Amended 12-20-2011 by L.L. No. 30-2012]
C.
Compensation. No members of the Board shall be compensated for performing
the duties of said Board. Reasonable and necessary expenses incurred
by a member carrying out the duties defined herein shall be reimbursable
by the County of Suffolk.
D.
Powers and duties. The Board shall have the following powers and
duties:
(1)
To hold meetings at regular times and places for the efficient discharge
of the responsibilities and duties of the Board.
(2)
To make rules for the conduct of its meetings and to keep a minute
book of its proceedings, including a record of its examinations and
other official actions.
(3)
To examine and evaluate the qualifications and fitness of applicants
for licenses and certificates of registration under this article.
(4)
To make recommendations to and authorize the Commissioner to issue
a license or certificate of registration authorizing the installation
or service of portable fire extinguishers and automatic fire extinguishing
systems.
(5)
To conduct meetings and, after a hearing at which all interested
parties are afforded a sufficient opportunity to be heard, submit
recommendations to the Commissioner relating to the suspension, revocation,
or nonrenewal for cause of a license or certificate of registration
authorizing the installation and service of portable fire extinguishers
and automatic fire extinguishing systems. Such hearing shall be on
at least seven business days' notice to the holder of the license
or certificate of registration. Such notice shall be served either
personally or by certified mail, return receipt requested, to the
last known address of the holder of the license or place of business
of the holder of the certificate of registration and shall state the
date and place of the hearing as well as enumerate the grounds constituting
the allegations against the holder of the license or certificate of
registration. The holder of the license or certificate of registration
may be represented by counsel and may produce witnesses in its behalf.
A record of the hearing shall be taken and preserved.
(6)
To prepare, amend, and repeal a manual of rules and regulations in
consultation with the Commissioner and in compliance with this article
relating to any of the provisions of this article and necessary for
the proper administration and enforcement of the provisions of this
article. The Commissioner is also empowered to promulgate rules and
regulations not inconsistent with the provisions of this article and
necessary for the proper administration and enforcement of this article.
Regulations promulgated pursuant to this subsection shall be filed
in the Office of the Clerk of the Suffolk County Legislature.
(7)
In its discretion, to formulate, and from time to time amend or repeal,
a code of rules and regulations governing the installation and servicing
of portable fire extinguishers and automatic fire extinguishing systems,
including the materials, workmanship, and manner of executing such
work. Before making such rules and regulations, the Board may confer
and meet with representatives of the industry, and shall hold a public
hearing on the proposed rules and regulations. Reasonable prior notice
of the time and place of such hearing shall be given by publication
in the official newspapers of the County. Rules and regulations promulgated
pursuant to this subsection shall be filed in the office of the Suffolk
County Clerk.
A.
All registered facilities shall at all times be equipped with and
maintain the following:
(1)
CO2 receiver or cascade system for proper
filling of CO2 extinguishers;
(2)
Adequate hydrostatic test equipment for low-pressure cylinders;
(3)
Approved drying method for low-pressure cylinders after hydrostatic
testing;
(4)
Adequate safety cage for hydrostatic testing of low-pressure cylinders;
(5)
Proper wrenches with nonserrated jaws or valve puller, hydraulic
or electric;
(6)
Adequate inspection light for internal inspection;
(8)
Appropriate weighing scales for extinguisher inspection and filling
and sealed by the Suffolk County Department of Consumer Affairs;
(9)
Appropriate weighing scales for cartridge inspection and filling
and sealed by the Suffolk County Department of Consumer Affairs;
(10)
Adequate vise for shop use;
(11)
Facilities for proper storage and adequate supply of extinguishing
agents;
(12)
Equipment for leak testing of pressurized extinguishers;
(13)
Commercial dry nitrogen supply (-60° F. or 51.1° C.
dew point or less) and regulated pressure gauges and pressure regulator
with supply and regulated pressure gauges suitable for pressurizing
extinguisher cylinders;
(14)
Adapters, fittings, and sufficient tools and equipment for the
proper installation, servicing and recharging of all portable fire
extinguishers and automatic fire extinguishing systems;
(15)
Adequate closed recovery system and storage to remove and store
chemicals from cylinders during servicing;
(16)
Adequate inventory of spare parts;
(17)
Manufacturers' service and maintenance manuals;
(18)
Material safety data sheets shall be available for all extinguishing
agents as necessary;
(19)
Training records and copies of licenses of employees installing
and servicing portable fire extinguishers and/or installing and servicing
fixed extinguishing systems shall be made available to the Fire Marshal;
(20)
United States Department of Transportation (DOT) approved hydrostatic
test equipment for pressure testing and calibration of cylinders;
(21)
Adequate equipment for stamping of test date on appropriate
cylinders (operating pressure over 500 psi — 34.45 bars). Dye
stamps must be a minimum of 1/4 inch (6.35 mm); and
(22)
Approved drying methods for cylinders after hydrostatic test.
B.
Exceptions.
(1)
In lieu of maintaining Items (1), (20), (21) and (22) in Subsection A of this section, a registered facility may have a written agreement with another registered facility to perform and meet its high-pressure hydrostatic testing needs, provided the agreement is approved by the Board and remains in full force and effect throughout the term of registration of the registered facility using the services of another registered facility.
(2)
Upon a request made by a registered facility and approved by the
Board, a registered facility that only performs clean agent system
installation and servicing may be permitted to maintain only the equipment
required to be consistent with manufacturer requirements for installation
and servicing clean agent systems.
In order to maintain a license or a certificate of registration,
the following standards and procedures shall be followed:
A.
Fire and performance standards.
(1)
Installation and service may only be performed on a portable fire extinguisher or an automatic fire extinguishing system that is listed and labeled and meets or exceeds all of the requirements of the fire test standards and performance standards referenced in the appropriate NFPA standards referred to in Subsection A(3) of this section.
(2)
The identification of the listing and labeling organization and the
fire test and performance standard that the extinguisher meets or
exceeds shall be clearly marked on each extinguisher, with the exception
of extinguishers manufactured prior to January 1, 1986.
(3)
The selection, installation, inspection, and servicing of portable
fire extinguishers shall be as specified in NFPA 10 and the applicable
section(s) of the Fire Prevention and Building Code of the State of
New York.
(4)
The selection, installation, inspection and servicing of automatic
fire extinguishing systems shall be as specified in NFPA 12, 12A,
17, 17A, and 2001 and the applicable section(s) of the Fire Prevention
and Building Code of the State of New York.
B.
Record tags and labels.
(1)
New record tags shall be attached to each portable fire extinguisher
and automatic fire extinguishing system in accordance with the applicable
NFPA standard when put into service and each time service is performed.
The following information shall be recorded on a record tag:
(a)
Name and license number of individual who performed servicing;
(b)
Serial number of cylinder;
(c)
Statement of the type of service performed;
(d)
Statement of the type of portable fire extinguisher involved;
(e)
Statement of the month and year that the service was performed;
(f)
The words "DO NOT REMOVE"; and
(g)
The name, address, phone number, and certificate of registration
number of the registered facility.
(2)
Each six-year maintenance shall be recorded on a record table consisting
of a metallic decal, which shall be affixed on the exterior of the
cylinder and which shall self-destruct when removal is attempted.
Any six-year maintenance label previously attached to a cylinder shall
be removed prior to affixing a new label. The label shall contain
the following information:
(3)
When a low-pressure hydrostatic test is performed, it shall be recorded
on a record label consisting of a metallic decal, which shall be affixed
on the exterior of the cylinder. Any low-pressure hydrostatic test
labels previously attached to a cylinder shall be removed prior to
affixing a new label. The record label shall contain the following
information:
C.
Verification of service collar.
(1)
Each extinguisher that has undergone maintenance that includes internal
examination, or that has been recharged, shall have a "Verification
of Service" collar located around the neck of the cylinder.
(2)
The collar shall consist of a single circular piece of uninterrupted
material forming a hole of a size that will not permit the collar
assembly to move over the neck of the cylinder unless the valve has
been completely removed.
(3)
The collar shall not interfere with the operation of the extinguisher.
(4)
The collar shall include the month and year of the service performed,
indicated by a perforation such as is done by a hand punch.
(5)
The collar shall include the name and certificate of registration
number of the registered facility.
D.
Failure to comply with the requirements of this section shall be
grounds for license or certificate of registration revocation, suspension
or nonrenewal.
A contract entered into one year after the effective date of
this article to install or service portable fire extinguishers and
automatic fire extinguishing systems by a person who, on the date
of the contract, does not possess a valid license or certificate of
registration is unenforceable by him/her or it and voidable at the
option of any other party to the contract. Nothing contained herein
shall be construed to prevent any other party to the contract from
enforcing its terms.
A.
Grounds. It is a violation of this article, and shall also constitute
additional grounds for denial of an application of any person for
a license or certificate of registration under this section, and the
Commissioner may suspend a license or certificate of registration
for such period of time as the Commissioner deems proper, or revoke
a certificate of registration or license issued under this article,
or refuse to issue a renewal thereof if he/she determines that such
person, license holder or holder of a certificate of registration,
or any officer, director, stockholder, member or partner, or any other
person directly or indirectly interested in an entity which holds
a certificate of registration:
(1)
Has made a material false statement in his or its application or
has committed fraud, deceit, misrepresentation or bribery in securing
a license or certificate of registration; or
(2)
Has committed fraud or fraudulent practices, or has practiced dishonest
or misleading advertising; or
(3)
Has failed to comply with any of the provisions of this article, or Chapter 387, Consumer Protection, of this Code, or the rules and regulations of the Commissioner or Board; or
(4)
Has been convicted of any crime involving dishonesty or deceit; or
(5)
Was the former holder of a license, or was an officer, director,
stockholder, or partner in a corporation, partnership or limited-liability
company which was the former holder of a certificate of registration,
which was suspended or revoked by the Commissioner; or
(6)
Has demonstrated untrustworthiness or incompetence in the installation
or servicing of portable fire extinguishers or automatic fire extinguishing
systems; or
(7)
Is financially irresponsible or not of good moral character.
B.
Whenever a license or certificate of registration is revoked by the
Commissioner, the holder of the license or certificate of registration
shall be ineligible to apply to be relicensed or recertified for one
year from the date of the revocation, unless otherwise provided in
an order of the Commissioner.
The final determination of the Commissioner in granting or refusing
to grant or to renew a license or certificate of registration, or
in revoking or suspending a license or certificate of registration,
shall be subject to review by a proceeding brought pursuant to Article
78 of the New York Civil Practice Law and Rules.
A.
Any person who shall install or service or shall hold himself out
as authorized to install or service portable fire extinguishers or
automatic fire extinguishing systems without obtaining a license and/or
a certificate of registration as required by this article, or any
person whose license or certificate of registration has lapsed, been
suspended or revoked, and who shall continue to install or service
portable fire extinguishers or automatic fire extinguishing systems,
or any person who shall violate any other provision of this article
shall be guilty of a misdemeanor and, upon conviction, shall be subject
to a fine of not more than $5,000 or imprisonment for not more than
one year, or both. Each such violation shall be deemed a separate
offense.
B.
A violation of any provision of this article or of any rule or regulation
promulgated hereunder is also subject to and shall be punishable,
upon proof thereof, by the payment of a civil penalty not to exceed
$5,000 for each violation, to be recovered in a civil action.
C.
The County Attorney, upon the request of the Commissioner, may commence
an action on behalf of the County for a restraining order, temporary
or permanent injunction, or other equitable relief to restrain, prevent
and enjoin a violation of this article or any rule or regulation promulgated
hereunder.
The Department and Fire Marshal shall enforce this article.
A Fire Marshal shall be authorized to serve official notices of violation
of this article.
