Article 26 - SPECIAL FILING REQUIREMENTS

Section 27-228.5

Section 27-228.5

  §  27-228.5 General requirements. (a) Owners of all existing buildings
which are required to comply with the provisions of subdivision  (a)  of
section  27-353.1  (elevator vestibules), section 27-381 and subdivision
(b) of section 27-382 (exit lighting), subdivision (b) of section 27-384
(exit signs),  section  27-396.3  (signs  in  sleeping  rooms),  section
27-777.2  (ventilation  in  J-1  buildings),  subdivision (b) of section
27-929 (sprinklers, fire alarm systems, fire command  and  communication
systems),  paragraph two of subdivision (c) of section 27-989 (elevators
in readiness), section 27-996.1 (locks on hoistway  doors)  and  section
27-996.2  (firemen's service) shall file with the department a report on
or before April first, nineteen hundred eighty-seven certifying  to  the
installation  of the required fire protection systems in accordance with
approved plans and appropriate permits prior to such date. Owners of all
existing buildings not already subject to the  requirements  of  article
nine  of  subchapter  six of this chapter as of January eighth, nineteen
hundred seventy-three shall file with the  department  a  report  on  or
before  October  first,  nineteen  hundred eighty-five certifying to the
installation of stair and elevator signs  meeting  the  requirements  of
article  nine  of  subchapter  six  of  this chapter prior to such date.
Owners of all existing buildings that are required to  comply  with  the
provisions  of  subdivision  (c) of section 27-384 (power source of exit
signs) shall file with the department, on or  before  July  1,  2007,  a
report  of  an  architect  or engineer certifying that all required exit
and/or directional signs are connected to an emergency power  source  or
to  storage battery equipment in compliance with such subdivision except
that no such report shall be required to be  filed  if  an  owner  of  a
building  submits  an  affidavit  to  the department, within ninety days
after the effective date of this sentence, certifying that all  required
exit and/or directional signs are connected to an emergency power source
or  to  storage  battery equipment as required by such subdivision. Such
reports shall be on such forms and in such manner as prescribed  by  the
commissioner.  Failure  to  file  such  report  by such dates shall be a
violation of this section, which shall be punishable pursuant to section
26-125 of title twenty-six of the administrative code.
  (b)(1) Owners of all buildings one hundred  feet  or  more  in  height
required  to  comply  with  the provisions of subdivision (a) of section
27-929.1 (sprinklers) shall file with the department on or  before  July
1,  2019  a final report prepared by an architect or engineer certifying
to the installation of the required sprinklers in accordance  with  such
provisions  and,  pending  the  filing  of such final report, such owner
shall be required to file the following  interim  reports  as  described
below.  Failure  to  file such final report and/or, where required, such
interim reports by the dates indicated or within any extended period  of
time  granted  by  the  commissioner  pursuant  to paragraph (2) of this
subdivision shall be  a  violation  of  this  section,  which  shall  be
punishable pursuant to section 26-125 of the code. Such reports shall be
on  such  forms and in such manner as prescribed by the commissioner and
shall be filed as follows:

Unless a final report is filed     The  one year report shall contain an
on or prior to  such  date,  a     affidavit  by  the   owner   of   the
one year report shall be filed     building      acknowledging      that
no later than July 1, 2005.        sprinklers   are   required   to   be
                                   installed  in  such  building  on  or
                                   before July 1, 2019 in

compliance with  subdivision  (a)  indicating his or  her  intention  to
section  27-929.1  of  this  code acomply with such requirement.

Unless a final report is filed     Such  seven year report shall contain
on or prior to July 1, 2011, a     a certification by  an  architect  or
seven  year  report  shall  be     engineer  of  the  percentage  of the
filed no earlier than  January     building  in  which  sprinklers  have
1, 2011 and no later than July     been installed as of the date of such
1, 2011.                           report  and  an  implementation  plan
                                   prepared   by   such   architect   or
                                   engineer  detailing  when and how the
                                   remaining portions  of  the  building
                                   will be made fully compliant.

Unless a final report is filed     Such   fourteen   year  report  shall
on or prior to July 1, 2018, a     contain   a   certification   by   an
fourteen  year report shall be     architect    or   engineer   of   the
filed no earlier than  January     percentage of the building  in  which
1, 2018 and no later than July     sprinklers  have been installed as of
1, 2018.                           the  date  of  such  report  and   an
                                   implementation plan, prepared by such
                                   architect  or engineer detailing when
                                   and how the remaining portions of the
                                   building   will   be    made    fully
                                   compliant.

Except  as  otherwise provided     Such  final  report  shall  contain a
in  paragraph  (2)   of   this     certification  by  an  architect   or
subdivision,  a  final  report     engineer  that  the building is fully
shall be filed no  later  than     compliant.
July 1, 2019.

  (2) Where the owner of  a  building  is  unable  to  comply  with  the
requirements of subdivision (a) of section 27-929.1 on or before July 1,
2019  because  of  undue hardship, and where such owner timely filed all
interim reports as required in paragraph (1) of this subdivision and has
obtained approval  of  all  required  applications,  plans  and  permits
relating  to  the required work, such owner may submit to the department
an application for additional time to  comply  with  such  requirements.
Such  application shall be submitted to the department on or before July
1, 2018, along with supporting documents indicating the basis  for  such
claim  of  undue  hardship.  The  commissioner shall appoint a committee
consisting of employees of the department and the fire department and  a
representative  of  the real estate industry to review such application.
Such committee shall issue findings and recommendations relating to  the
application.  After  reviewing such findings and recommendations, if the
commissioner finds that the owner  has  made  a  good  faith  effort  to
complete  the  required  work  and has substantiated his or her claim of
undue hardship, the commissioner may grant an extension of time in which
to complete the work and submit the final report.