Section 28-103.1
§28-103.1 Jurisdiction. This code shall be enforced by the
commissioner of buildings, pursuant to the provisions of section six
hundred forty-three of the New York city charter. However, the
commissioner of small business services may also enforce all of the
provisions of this code with respect to buildings under the jurisdiction
of the department of small business services and the fire commissioner
may also enforce all the provisions of this code relating to:
1. The approved number of persons in places of assembly
(overcrowding);
2. Obstruction of aisles, corridors, and exits;
3. The posting and availability for inspection of certificates of
occupancy or other authorization of lawful occupancy, certificates of
compliance and place of assembly certificates of operation;
4. The maintenance of fire, smoke and carbon monoxide detection and
alarm systems, fire extinguishing systems, refrigerating systems,
storage tanks and auxiliary storage tanks for oil burning equipment,
exit signs and path markings, and any fire or life safety system,
equipment or device intended for use by fire fighting personnel or whose
use or operation is subject to the New York city fire code or other law
or rule enforced by the New York city fire department, and any related
installation and signage; and
5. The installation and testing of fire alarm systems, smoke-detecting
and carbon monoxide detecting devices that are interconnected with a
fire alarm system or monitored by a central station, and fire
extinguishing systems for commercial cooking appliances.
6. Fire fighting equipment, access to and within premises upon or in
which construction and demolition work is being conducted, and the
conduct of all construction or demolition work affecting fire prevention
and fire fighting.
Section 28-103.1.1
§28-103.1.1 Installation of equipment required by the New York city
fire code. Where the installation of exit signs, emergency means of
egress illumination, special mechanical ventilation and sprinkler and
fire alarm systems is required by the New York city fire code, the fire
commissioner shall require such installations to be in accordance with
this code.
Section 28-103.1.2
§28-103.1.2 Enforcement of New York city construction codes on
property within the jurisdiction of the department of small business
services. This code and the 1968 building code shall apply to property
within the jurisdiction of the department of small business services
pursuant to the New York city charter including, but not limited to,
structures on waterfront property used in conjunction with and in
furtherance of waterfront commerce and/or navigation. It shall be
administered and enforced by the department of small business services
in the same manner as property within the jurisdiction of the
department.
Section 28-103.1.3
§ 28-103.1.3 Innovation review board. There is hereby established
within the department an innovation review board which shall include as
members in addition to the commissioner, the commissioners of
environmental protection, health and mental hygiene and design and
construction and the chairperson of the city planning commission, or
their respective designees. The commissioner shall also designate
members from among the fire commissioner and the commissioners of
transportation, parks and recreation, consumer affairs, emergency
management, housing preservation and development and sanitation and the
chairperson of the landmarks preservation commission, and
non-governmental organizations and individuals, or their respective
designees, with respect to specific matters being considered by the
board where the commissioner determines it appropriate to do so.
Section 28-103.1.3.1
§ 28-103.1.3.1 Meetings and recommendations. The commissioner shall
convene the innovation review board at least quarterly, or more often as
the commissioner may deem necessary to address issues in a timely manner
to (i) review specific projects that propose to employ new technologies,
design or construction techniques, materials or products, (ii) review
proposals for approval of and to initiate reviews of such of new
technologies, design or construction techniques, materials or products
in order to determine their environmental and sustainability benefits,
(iii) make recommendations as to under what conditions and for what
purposes each may be appropriately employed in New York city, and (iv)
streamline approvals of specific innovative projects. If the board
recommends that a technology, design or construction technique, material
or product may appropriately be employed, the commissioner shall
consider such recommendation and may by rule or other method as the
commissioner deems appropriate, authorize the use of such technology,
design or construction technique, material or product and under what
conditions and for what purposes each may be appropriately employed. The
commissioner shall state in writing to the interagency green team
established pursuant to subdivision i of section twenty of the charter
what action the commissioner shall take with respect to each such
recommendation and the reasons for the action taken.
Section 28-103.10
§28-103.10 Supporting documentation for materials. Whenever this code
or the rules of the department permits the use of material regulated in
its use by this code or the 1968 building code without the prior
approval of the commissioner, the commissioner may, in the interest of
public safety, require the submittal of supporting documentation that
any material used or proposed to be used complies with the applicable
code standard for such use. Such supporting documentation may consist of
but shall not be limited to certification documents of an approved
agency, test reports, analysis, computations or other evidence of such
compliance.
Section 28-103.11
§28-103.11 Applications and permits. The department shall receive and
review applications, construction documents, and other submittal
documents and shall issue permits, in accordance with the provisions of
this code.
Section 28-103.12
§28-103.12 Identification. Department personnel shall carry metal
badges with suitable inscriptions thereon or other prescribed
identification when inspecting structures or premises or otherwise in
the performance of their duties under this code.
Section 28-103.13
§28-103.13 Right of entry. The commissioner or his or her authorized
representatives, in the discharge of their duties, shall have the right
to enter upon and inspect, at all reasonable times, any buildings,
enclosure, premises, or any part thereof, or any signs or service
equipment contained therein or attached thereto for the purpose of
determining compliance with the provisions of this code and other
applicable building laws and rules. Officers and employees of the
department shall identify themselves by exhibiting the official badge or
other identification prescribed by the department; and other authorized
representatives of the commissioner shall identify themselves by
producing and exhibiting their authority in writing signed by the
commissioner. If access is not obtained, the commissioner shall have
recourse to remedies provided by law to secure entry.
Section 28-103.14
§28-103.14 Department records. The department shall keep official
records of applications received, permits and certificates issued, fees
collected, reports of inspections, and notices and orders issued. Such
records shall be retained in the official records for the period
required for retention of public records.
Section 28-103.14.1
§28-103.14.1 List of permits for cellular antenna. The commissioner
shall maintain a separate list of alteration permits issued for the
erection or placement of antennae used to provide cellular telephone or
similar service or any structure related to such service which shall, at
a minimum, set forth the name, business address and business telephone
number of the applicant, the date of the application, the date the
permit was issued, the location for which the permit was issued,
including the premises address and the zoning district, whether
residential, commercial, or manufacturing, and the number of permits
issued for such purpose at the same location. Such list shall be made
available to the public upon request between regular business hours and
shall be available to the public in electronic format on a 24-hour basis
on the department's website.
Section 28-103.15
§28-103.15 Insurance. The commissioner may require applicants for
permits to obtain and furnish proof of workers' compensation, disability
and general liability insurance in such amounts and in accordance with
such specifications as shall be set forth in the rules of the department
or as otherwise required by law.
Section 28-103.16
§28-103.16 Inspections of completed buildings, structures, signs,
service equipment and construction machinery and equipment. In addition
to other required inspections, the commissioner may make or require
inspections of completed buildings, structures, signs, service equipment
installations and construction machinery and equipment to ascertain
compliance with the provisions of this code and other laws that are
enforced by the department. Such inspections may be made on behalf of
the department by officers and employees of the department and other
city departments and governmental agencies; and by approved agencies,
special inspectors or other persons when the commissioner is satisfied
as to their qualifications and reliability. The commissioner may accept
inspection and test reports from persons authorized by this code or by
the commissioner to perform such inspections. Such reports shall be
filed with the department.
Section 28-103.17
§28-103.17 Certain outside work, employment and financial interests of
department employees prohibited. It shall be unlawful for any officer or
employee of the department to be engaged in conducting or carrying on
business as an architect, engineer, carpenter, plumber, iron worker,
mason or builder, or any other profession or business concerned with the
construction, alteration, sale, rental, development, or equipment of
buildings. It shall also be unlawful for such employees to be engaged in
the manufacture or sale of automatic sprinklers, fire extinguishing
apparatus, fire protection devices, fire prevention devices, devices
relating to the means or adequacy of exit from buildings, or articles
entering into the construction or alteration of buildings, or to act as
agent for any person engaged in the manufacture or sale of such
articles, or own stock in any corporation engaged in the manufacture or
sale of such articles.
Section 28-103.18
§28-103.18 Investigation of complaints. The commissioner shall cause
all complaints to be investigated. For purposes of investigating
complaints of violations of law enforced by the department, the
commissioner may by rule establish a program to classify structures
based on their enforcement history and may create criteria for such
classification and assign enforcement resources accordingly.
Section 28-103.18.1
§28-103.18.1 Complaint records. The department shall keep records of
complaints made by any person in reference to any building or other
matter under the jurisdiction of the department. Recorded complaints
shall include the name and residence of the complainant, the name of the
person complained of, the date of the entry of the complaint and any
suggested remedies. Except for entries of names and residences of the
complainants, such records shall be made available for public
examination.
Section 28-103.19
§28-103.19 Addition, modification, and deletion of referenced
standards. The standards referenced in this code may be added to,
deleted or modified pursuant to local law or by rule of the department.
Every such rule adding, deleting or modifying a referenced standard
shall indicate the promulgating agency of the standard, the standard
identification, the effective date and title and the section or sections
of this code to which such standard applies. The commissioner shall act
in consultation with the fire commissioner on matters relating to fire
safety.
Exception: Referenced standards in the New York city plumbing code,
other than referenced national standards contained in chapter 13 of such
code, shall not be added to, deleted, or modified by rule.
Section 28-103.2
§28-103.2 Interpretation. This code shall be liberally interpreted to
secure the beneficial purposes thereof.
Section 28-103.20
§28-103.20 Existing rules continued. Rules promulgated by the
department in accordance with the law in effect prior to the effective
date of this code shall remain in effect for the matters covered to the
extent that such rules are not inconsistent with this code unless and
until such rules are amended or repealed by the department.
Section 28-103.21
§28-103.21 Incident lists. The commissioner shall post on the
department's website a list of every incident that occurred on every
construction site within the city of New York that resulted in an injury
and/or a fatality, either or both of which were reported to the
department or of which the department otherwise became aware. Such list
shall be updated monthly. Such list shall identify the owner and the
general contractor of the site where the incident occurred, the nature
of the work being performed at the time of the incident, violations
issued as a result of the incident and to whom such violations were
issued, and the number of persons injured and/or killed. Such list shall
also set forth the total number of injuries and fatalities reported to
the department or of which the department otherwise became aware that
occurred on construction sites within each borough and within the entire
city for each of the previous five calendar years.
Section 28-103.22.
28-103.22. Outreach on security grille visibility requirements. The
commissioner shall, through or in cooperation with the department of
small business services, the department of consumer affairs, and other
city agencies deemed appropriate, develop an outreach program to
manufacturers and installers of security grilles, business improvement
districts, local development corporations, chambers of commerce and
community boards to alert these groups and the businesses that utilize
security grilles of the permit requirements and the requirements of this
section, the penalties associated with violation thereof and the
availability of any business loans, grants or tax subsidies related to
the installation or use of such security grilles.
Section 28-103.23
§ 28-103.23 Manual on flood construction and protection standards. The
commissioner shall create and make publicly available, in print and on
the department's website, a manual explaining in detail the flood
construction and protection requirements and standards applicable in the
city. Such manual shall be made available in plain English and Spanish
and in other languages as determined by the commissioner and shall be
updated as necessary to reflect changes to applicable flood construction
requirements and standards. Such manual shall include, but need not be
limited to, a description and explanation of the following:
1. The materials requirements imposed by applicable flood construction
requirements and standards, including the elements of structures subject
to such materials requirements;
2. The manner in which specific utilities and attendant equipment must
be protected from flooding; and
3. The application of the flood construction and protection
requirements and standards to existing structures.
Section 28-103.3
§28-103.3 Variations. The requirements and standards prescribed in
this code shall be subject to variation in specific cases by the
commissioner, or by the board of standards and appeals, under and
pursuant to the provisions of paragraph two of subdivision (b) of
section six hundred forty-five and section six hundred sixty-six of the
New York city charter, as amended.
Section 28-103.4
§28-103.4 Appeals. An appeal from any decision or interpretation of
the commissioner may be taken to the board of standards and appeals
pursuant to the procedures of the board, except as provided in section
25-204 of the administrative code or as otherwise provided in this code.
Section 28-103.5
§28-103.5 Seal; judicial notice. The commissioner may design and adopt
a seal for the department for use in the authentication of the orders
and proceedings of the department, and for such other purposes as the
commissioner may prescribe. The courts shall take judicial notice of
such seal, and of the signature of the commissioner, the deputy
commissioners, and the borough superintendents of the department.
Section 28-103.6
§28-103.6 Proofs, affidavits and oaths. Proofs, affidavits and
examinations as to any matter arising in connection with the performance
of any of the duties of the department may be taken by or before the
commissioner, or a deputy commissioner, or such other person as the
commissioner may designate; and such commissioner, deputy or other
person may administer oaths in connection therewith.
Section 28-103.7
§28-103.7 Cooperation of other departments. Upon request of the
commissioner, it shall be the duty of all departments to cooperate with
the department of buildings at all times, and to furnish to such
department such information, reports and assistance as the commissioner
may require.
Section 28-103.7.1
§ 28-103.7.1 Sharing results of buildings inspections. The
commissioner, the fire commissioner and the commissioner of the
department of environmental protection shall establish a procedure, the
implementation of which shall begin within six months of the effective
date of this section, to share information regarding violations issued
as a result of inspections of buildings meeting agreed-upon criteria
that are relevant to the responsibilities of each department.
Section 28-103.8
§28-103.8 Matters not provided for. Any matter or requirement
essential for fire or structural safety or essential for the safety or
health of the occupants or users of a structure or the public, and which
is not covered by the provisions of this code or other applicable laws
and rules, shall be subject to determination and requirements by the
commissioner in specific cases.
Section 28-103.9
§28-103.9 Additional tests. Whenever there is insufficient evidence of
compliance with the provisions of this code, or evidence that a material
or method of construction does not conform to the requirements of this
code, or in order to substantiate claims for alternative materials or
methods, the commissioner shall have the authority to require tests as
evidence of compliance to be made at no expense to the city. Test
methods shall be as specified in this code, or by other recognized test
standards approved by the commissioner. In the absence of recognized and
accepted test methods, the commissioner shall approve the testing
procedures. Tests shall be performed as directed by the commissioner.
Reports of such tests shall be retained by the department for the period
required for retention of public records.
To the extent possible under law, Friends of Devin Balkind for Public Advocate has waived all copyright and related or neighboring rights to New York City Administrative Code. This work is published from: United States.
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