Section 28-104.1
§28-104.1 General. The department shall not issue a permit pursuant to
this code, or a place of assembly operation certificate pursuant to this
code unless and until it approves all required construction documents
for such work. The department shall not issue an electrical work permit
pursuant to the New York city electrical code for fire and emergency
alarm systems, solar panels and wind turbines unless and until it
approves all required construction documents for such work. Such
construction documents shall be prepared by or under the supervision of
a registered design professional as required by this code. An
application for an associated work permit shall not be submitted to the
department until all required construction documents have been approved.
Section 28-104.1.1
§28-104.1.1 Construction documents subject to the New York city fire
code. Except as the New York city fire code may otherwise provide, the
construction documents for facilities and systems for which the fire
code provides design and installation requirements, including but not
limited to fire alarm systems, flammable and combustible liquids,
compressed gases, explosives and other hazardous materials; flammable
spraying systems and facilities; automatic water sprinkler systems for
hazardous material and combustible material storage, and non-water fire
extinguishing systems, shall be subject to the review and approval of
the fire commissioner in accordance with the New York city fire code.
Approval by the department of construction documents for new or existing
buildings containing such facilities and systems shall not be construed
as approval of such systems and facilities.
Section 28-104.2
§28-104.2 Application for approval of construction documents. The
department shall assign a job number to and docket all applications for
approval of construction documents and any amendments thereto filed with
it. The department shall examine the construction documents promptly
after their submission. The examination shall be made under the
direction of the commissioner for compliance with the provisions of this
code and other applicable laws and rules. The personnel employed for the
examination of construction documents shall be qualified registered
design professionals, experienced in building construction and design.
Section 28-104.2.1
§28-104.2.1 Less than full examination of construction documents. The
commissioner may, in the commissioner's discretion, establish a program
whereby construction documents may be accepted with less than full
examination by the department based on the professional certification of
an applicant who is a registered design professional.
Section 28-104.2.1.1
§28-104.2.1.1 Effect of acceptance. Except as otherwise specified in
this code or in the rules of the department, for the purposes of this
code, the acceptance of construction documents in accordance with such
program shall have the same force and effect as the approval of
construction documents after full examination by the department. Except
as otherwise specified in this code or in the rules of the department,
references in this code to approved construction documents or to the
approval of construction documents shall also be deemed to refer to
accepted construction documents or to the acceptance of construction
documents, as applicable.
Section 28-104.2.1.2
§28-104.2.1.2 Program requirements. The commissioner may establish
qualifications and requirements for registered design professionals to
participate in such program and may exclude, suspend or otherwise
sanction participants for cause.
Section 28-104.2.1.3
§28-104.2.1.3 Mandatory program requirements. Registered design
professionals participating in such program shall be subject to sections
28-104.2.1.3.1 through 28-104.2.1.3.2
Section 28-104.2.1.3.1
§28-104.2.1.3.1 Probation. A registered design professional shall not
be eligible to participate in the program during any period of probation
imposed as a sanction by the board of regents pursuant to section 6511
of the education law.
Section 28-104.2.1.3.2
§28-104.2.1.3.2 Mandatory sanctions. The commissioner shall, after the
opportunity for a hearing before the office of administrative trials and
hearings in accordance with department rules, exclude, suspend or
otherwise condition the participation of a registered design
professional who (i) knowingly or negligently submits a professional
certification of an application and/or construction documents that
contains false information or is not in compliance with all applicable
provisions of law, or (ii) submits two professionally certified
applications for construction document approval within any 12-month
period containing errors that result in revocation of an associated
permit or that otherwise demonstrate incompetence or a lack of knowledge
of applicable laws. The term "otherwise condition" shall mean
limitations on such professional's participation in the program, such
as, but not limited to, audits and monitoring of the registered design
professional's applications and other submissions.
Section 28-104.2.1.3.2.1
§28-104.2.1.3.2.1 Reinstatement. A registered design professional who
is excluded from the program in accordance with section 28-104.2.1.3 may
apply for reinstatement one year or more after such exclusion. An
applicant who the commissioner finds is qualified to resume
participation in the program shall be on probation for a period of not
less than 6 months after reinstatement and during that time shall as a
condition of such reinstatement attend one or more training or
continuing education courses, approved by the department, related to
compliance with the building code and related laws and rules and the
zoning resolution. The professional shall submit satisfactory proof of
the successful completion of such training or continuing education
courses to the department.
Section 28-104.2.1.3.2.2
§28-104.2.1.3.2.2 Mandatory permanent revocation. The commissioner
shall permanently revoke, without the opportunity of restoration, the
professional certification privileges of an engineer or architect who,
while on probation, professionally certifies an application, plans,
construction documents or other document that contains false information
or is not in compliance with all applicable provisions of law or who
otherwise demonstrates incompetence or a lack of knowledge of applicable
laws.
Section 28-104.2.1.3.2.3
§28-104.2.1.3.2.3 Construction. Nothing herein shall be construed to
limit the commissioner's power, consistent with state and local law, to
adopt rules that include additional grounds to limit the filing
privileges of or otherwise sanction registered design professionals,
after the opportunity for a hearing, who it determines, knowingly or
negligently submit applications or other documents to the department
that contain false information or are not in compliance with all
applicable provisions of law or that otherwise demonstrate incompetence
or a lack of knowledge of applicable law or standards.
Section 28-104.2.1.4
§ 28-104.2.1.4 Database. The department shall create and maintain a
database of all registered design professionals who have been excluded,
suspended or otherwise sanctioned by the department. Within 7 business
days of the date a sanction is imposed, the department shall post on its
website and shall make available upon request, the name of the
registered design professional, a description of the sanction, the
initial date of the sanction, the reinstatement date, if applicable, the
address of the premises for which the application associated with the
sanction was submitted, and whether the sanction was imposed after a
hearing or a settlement. The department shall provide requested
information concerning the exclusion, suspension or other sanction of a
specific registered design professional within 30 days of such request.
Section 28-104.2.1.5
§28-104.2.1.5 Applicant requirement. The program shall include a
condition that the applicant remain with the job until it is signed-off
by the department and that if the applicant withdraws from the job
before the issuance of a letter of completion or certificate of
occupancy, as applicable, all work shall stop and no permit, letter of
completion or certificate of occupancy shall be issued until a successor
registered design professional is designated as applicant and such
person submits (i) a professional certification indicating his or her
concurrence with the construction documents as accepted by the
department or (ii) new construction documents are approved or accepted
by the department.
Section 28-104.2.1.6
§28-104.2.1.6 Notice to the state department of education. The
department shall provide written notice to the New York state department
of education of any professional engineer or registered architect who
was the subject of any disciplinary proceeding where there has been an
adverse determination or sanction by the department including any
settlement agreement that is reached between the parties that resulted
in a sanction of privileges being imposed by the department. Such notice
shall be sent within ten business days after a determination is made in
any such disciplinary proceeding or after a settlement of such
proceeding has been reached, and shall include the name, and business
firm name and address of such professional engineer or registered
architect, as well as any supporting documentation for the sanction
imposed. The department shall also provide such notice to the state
department of education of any professional engineer or registered
architect that has been the subject of any disciplinary proceeding where
there has been an adverse determination or sanction by the department
within the five calendar years immediately preceding the effective date
of this section.
Section 28-104.2.10
§28-104.2.10 Revocation of approval. The commissioner may, on notice
to the applicant, revoke the approval of construction documents for
failure to comply with the provisions of this code or other applicable
laws or rules; or whenever there has been any false statement or any
misrepresentation as to a material fact in the submittal documents upon
the basis of which such approval was issued; or whenever an approval has
been issued in error and conditions are such that approval should not
have been issued. Such notice shall inform the applicant of the reasons
for the proposed revocation and that the applicant has the right to
present to the commissioner or his or her representative within 10
business days of personal service or 15 calendar days of the posting of
service by mail, information as to why the approval should not be
revoked.
Section 28-104.2.10.1
§28-104.2.10.1 Effect on work permit. The effect of revocation of
approval of construction documents is the automatic revocation of all
associated work permits that may have been issued.
Section 28-104.2.2
§28-104.2.2 Approval or acceptance to be indicated on construction
documents. All construction documents, when approved, shall be stamped
or endorsed "approved" under the official method of the department,
followed by a notation of the date except that construction documents
accepted with less than full examination by the department shall be
stamped or endorsed "accepted" instead of "approved". One set of
"approved" or "accepted" construction documents shall be retained by the
department and another set shall be maintained at the job site until the
work authorized by the permit is completed and signed-off by the
department.
Section 28-104.2.3
§28-104.2.3 Time limitation of application. An application for
approval of construction documents shall be deemed to have been
abandoned 12 months after the date of its submission, unless such
application has been diligently prosecuted after rejection in whole or
in part, or unless a permit shall have been issued pursuant to this
code, except that the commissioner may upon application, for reasonable
cause, grant extensions of time for additional 12-month periods.
Section 28-104.2.4
§28-104.2.4 Conditions of approval. All construction documents
approved by the commissioner shall be conditioned upon and subject to
compliance with the requirements of this code and other applicable laws
and rules in effect at the time of issuance of the associated work
permit or place of assembly certificate of operation.
Section 28-104.2.5
§28-104.2.5 Phased or partial approval. In the case of construction
documents for the construction of new buildings or the alteration of
buildings, the commissioner may grant partial approval of construction
documents for the issuance of foundation and earthwork permits before
the construction documents for the entire building or structure have
been submitted. The approval of such partial applications will be
subject to the submittal and approval of construction documents, filed
together or separately, comprising:
1. The lot diagram showing the exact location of the lot and
dimensions to the nearest corner;
2. A complete zoning analysis showing compliance of the proposed work
with the zoning resolution;
3. The foundation plans, as provided for in this code; and
4. The floor and roof plans showing compliance with exit requirements,
as provided for in this code.
The issuance of such foundation and earthwork permit is subject to
submission of required submittal documents. The owner and the holder of
such foundation and earthwork permit shall proceed at their own risk
with the construction operation and without assurance that a permit for
the entire structure will be granted.
Section 28-104.2.6
§28-104.2.6 Deferred submittal. With the prior approval of the
department, the applicant may defer submittal of portions of the design
until a specified period of time after the issuance of a permit. The
applicant shall list the deferred submittal items on the initial
application for construction document approval. The deferred submittal
items shall not be constructed or installed until the design and
submittal documents for the item have been approved by the department.
Section 28-104.2.7
§28-104.2.7 Time period for review. Completed construction documents
complying with the provisions of this code and other applicable laws and
rules shall be approved by the commissioner and written notice of
approval shall be given the applicant promptly and no later than 40
calendar days after the submission of a complete application.
Exceptions:
1. On or before the fortieth day, the commissioner may, for good cause
shown and upon notification to the applicant, extend such time for an
additional 20 calendar days.
2. Such time period for review shall commence in accordance with
article 107 for single room occupancy multiple dwellings.
Section 28-104.2.8
§28-104.2.8 Notification of rejection. Applications failing to comply
with the provisions of this code and other applicable laws and rules
shall be rejected and written notice of rejection, stating the grounds
of rejection, shall be given the applicant promptly and not later than
the date required in section 28-104.2.7.
Section 28-104.2.9
§28-104.2.9 Resubmission. Whenever an application has been rejected
and is thereafter revised and resubmitted to meet the stated grounds of
rejection, the revised application and construction documents shall be
approved if they meet the stated grounds of rejection and otherwise
comply with the provisions of this code and other applicable laws and
rules or shall be rejected if they fail to meet the stated grounds of
rejection or otherwise fail to so comply. Written notice of approval or
written notice of rejection, stating the grounds of rejection, shall be
given the applicant promptly and not later than 20 calendar days after
the resubmission of such documents.
Section 28-104.3
§28-104.3 Amended construction documents. Subject to the time
limitations set forth in this code, amendments to approved construction
documents shall be submitted, reviewed and approved before the final
inspection of the work or equipment is completed; and such amendments
when approved shall be deemed part of the original construction
documents. The department may allow minor revisions of construction
documents to be made and submitted to the department after the
completion of work but prior to sign-off of the work in accordance with
department rules.
Section 28-104.4
§28-104.4 Place of filing. Except as otherwise provided by rule,
applications for construction document approval shall be filed in the
department office in the borough in which the work or equipment is
located or at the discretion of the commissioner shall be submitted
electronically.
Section 28-104.5
§28-104.5 Fees. Filing fees shall be paid as required by article 112.
Section 28-104.6
§28-104.6 Applicant. The applicant for approval of construction
documents shall be the registered design professional who prepared or
supervised the preparation of the construction documents on behalf of
the owner.
Exception: The applicant may be other than a registered design
professional for:
1. Limited plumbing alterations, limited sprinkler alterations and
limited standpipe alterations, where the applicant is licensed to
perform such work pursuant to this code;
2. Demolition applications other than those specified in section
3306.5 of the New York city building code, where the applicant is the
demolition contractor performing such demolition. In such cases, the
commissioner may require structural plans designed by a registered
design professional to address any critical structural, sequencing or
site safety items;
3. Elevator applications;
4. Other categories of work consistent with rules promulgated by the
commissioner.
Section 28-104.6.1
§28-104.6.1 Verification of professional qualification required. The
department shall not accept construction documents or other documents
submitted in connection with applications for construction document
approval or work permits under this code by any person representing that
he or she is an architect or engineer without verifying, by means of
lists compiled and made available by the New York state department of
education pursuant to paragraph e-1 of subdivision four of section
sixty-five hundred seven of the education law, that such person meets
the qualifications established by law to practice as an architect or
engineer in New York state.
Section 28-104.7
§28-104.7 Submittal of construction documents. All construction
documents submitted to the department shall contain such information and
shall be in such form as shall be set forth in this section 28-104.7 and
the rules of the department. Construction documents shall also conform
to standards as may be prescribed in the applicable sections of the
construction codes.
Section 28-104.7.1
§28-104.7.1 Scope. Construction documents shall be complete and of
sufficient clarity to indicate the location and entire nature and extent
of the work proposed, and shall show in detail that they conform to the
provisions of this code and other applicable laws and rules; if there
exist practical difficulties in the way of carrying out the strict
letter of the code, laws or rules, the applicant shall set forth the
nature of such difficulties.
Section 28-104.7.10
§28-104.7.10 Preparer. Each plan or drawing shall contain the license
number, seal, signature (or equivalent as approved by the commissioner)
and address of the registered design professional who prepared or
supervised the preparation of the plans.
Section 28-104.7.11
§28-104.7.11 Additional information. In addition to the data and
information specified in this code and the rules of the department, the
commissioner is authorized to require the submission of additional
plans, surveys, computations, analyses, test reports, photographs,
special inspection and such other data and information as may be
necessary to determine compliance with this code and other applicable
laws and rules.
Section 28-104.7.12
§28-104.7.12 Waiver of certain documents. The commissioner is
authorized to waive the submission of any of the required construction
documents and other data if review of such documents is not necessary to
ascertain compliance with this code or not required for the phase of
work for which a permit is sought.
Section 28-104.7.13
§ 28-104.7.13 Identification of work involving raising or moving a
building. Where the lowest above-grade floor or the lowest subgrade
floor of a building is to be raised, lifted, elevated or moved, such
work shall be listed on the title sheet of the construction documents as
subject to special inspection.
Section 28-104.7.2
§28-104.7.2 Forms. The applicant shall submit construction documents
on or accompanied by forms provided by the department.
Section 28-104.7.3
§28-104.7.3 Media. Construction documents shall be printed upon
suitable material, or presented as electronic media documents as
determined by the commissioner. Plans shall be drawn to suitable scale.
Section 28-104.7.4
§28-104.7.4 Quantities. The applicant shall submit the number of
copies of construction documents as the commissioner shall require.
Section 28-104.7.5
§28-104.7.5 Citations to code sections required. In no case shall
terms such as "code compliant", "approved", "legal" or similar terms be
used in the construction documents as a substitute for specific
reference to a particular code section, approval or standard in order to
show compliance with code requirements or other applicable laws and
rules.
Section 28-104.7.6
* §28-104.7.6 City Datum. All elevations noted in the construction
documents shall be referred to and clearly identified as the United
States coast and geodetic survey mean sea level datum of 1929 (national
geodetic vertical datum, "NGVD"), which is hereby established as the
city datum. By way of examples, tables 104.7.6.1 through 104.7.6.5
shall be used to convert borough elevations to their corresponding
equivalent NGVD elevations.
TABLE 104.7.6.1
-------------------------------------------------------
BRONX To obtain NGVD
Elevations equivalency: Elevations
-------------------------------------------------------
10.000 -> add 2.608 -> 12.608
-------------------------------------------------------
7.392 -> add 2.608 -> 10.000
-------------------------------------------------------
TABLE 104.7.6.2
-------------------------------------------------------
BROOKLYN To obtain NGVD
Elevations equivalency: Elevations
-------------------------------------------------------
10.000 -> add 2.547 -> 12.547
-------------------------------------------------------
7.453 -> add 2.547 -> 10.000
-------------------------------------------------------
TABLE 104.7.6.3
-------------------------------------------------------
MANHATTAN To obtain NGVD
Elevations equivalency: Elevations
-------------------------------------------------------
10.000 -> add 2.752 -> 12.752
-------------------------------------------------------
7.248 -> add 2.752 -> 10.000
-------------------------------------------------------
TABLE 104.7.6.4
-------------------------------------------------------
QUEENS To obtain NGVD
Elevations equivalency: Elevations
-------------------------------------------------------
10.000 -> add 2.725 -> 12.725
-------------------------------------------------------
7.275 -> add 2.725 -> 10.000
-------------------------------------------------------
TABLE 104.7.6.5
-------------------------------------------------------
+STATEN
ISLAND To obtain NGVD
Elevations equivalency: Elevations
-------------------------------------------------------
10.000 -> add 3.192 -> 13.192
-------------------------------------------------------
6.808 -> add 3.192 -> 10.000
-------------------------------------------------------
* NB Effective until 30 days after FEMA issues the next Preliminary
Flood Insurance Study (see LL 96/2013 § 6)
* §28-104.7.6 City datum. All elevations noted in the construction
documents shall be referred to and clearly identified as the North
American vertical datum of 1988 ("NAVD") as established and maintained
by National Geodetic Survey of the National Ocean Service, National
Oceanic and Atmospheric Administration or successor agency, which is
hereby established as the city datum. Neither the United States coast
and geodetic survey mean sea level datum of 1929 (national geodetic
vertical datum, "NGVD") nor any of the five borough data as established
by the former Board of Estimate and Apportionment shall be referred to
in construction documents except as may be required for the purpose of
demonstrating conversion to the NAVD. Conversions to NAVD shall be
performed by registered design professionals or surveyors. Conversion to
and from borough data and NGVD shall be performed using tables 104.7.6.1
through 104.7.6.5.
* NB Effective 30 days after FEMA issues the next Preliminary Flood
Insurance Study (see LL 96/2013 § 6)
Section 28-104.7.7
§28-104.7.7 Identification of special inspections. Whenever materials
are subject to special inspection, as provided in this code, such
materials shall be listed on the title sheet of the construction
documents, or the sheet immediately following, as subject to special
inspection.
Section 28-104.7.8
§28-104.7.8 Identification of materials. Construction documents shall
identify all materials proposed to be used, including identification of
the test standard to which they conform, and where applicable,
supporting, information or test data from the manufacturer attesting to
such conformance.
Section 28-104.7.9
§28-104.7.9 Energy conservation code. The application shall contain
all information required to demonstrate compliance with the New York
city energy conservation code. This information shall include signed and
sealed construction drawings to the extent that they demonstrate such
energy code compliance in the energy analysis or the supporting
documentation as required by such energy code and rules.
Section 28-104.8
§28-104.8 Applications. All applications shall comply with sections
28-104.8.1 through 28-104.8.4.
Section 28-104.8.1
§28-104.8.1 Applicant statements. The application shall contain the
following signed and sealed statements by the applicant:
1. A statement certifying that the applicant is authorized by the
owner to make the application and certifying that, to the best of the
applicant's knowledge and belief, the construction documents comply with
the provisions of this code or the 1968 building code, if applicable,
and other applicable laws and rules; if there exist practical
difficulties in the way of carrying out the strict letter of the code,
laws or rules, the applicant shall set forth the nature of such
difficulties in such signed statement; and
2. A statement certifying (i) that the site of the building to be
altered or demolished, or the site of the new building to be
constructed, contains no occupied housing accommodations subject to rent
control or rent stabilization under chapters 3 and 4 of title 26 of the
administrative code, or (ii) that the owner has notified the New York
state division of housing and community renewal of the owner's intention
to file such plans and has complied with all requirements imposed by the
regulations of such agency as preconditions for such filing; or (iii)
that the owner has not notified such agency of the owner's intention to
file because the nature and scope of the work proposed, pursuant to such
regulations, does not require notification.
3. A professional certification.
4. A statement certifying compliance with the New York city energy
conservation code.
Section 28-104.8.2
§28-104.8.2 Owner statement. The application shall contain a signed
statement by the owner, cooperative owners' corporation, or condominium
owners' association stating that the applicant is authorized to make the
application and, if applicable, acknowledging that construction
documents will be accepted with less than full examination by the
department based on the professional certification of the applicant.
Such statement shall list the owner's full name and address, as well as
the names of the principal officers, partners or other principals if a
corporation, partnership or other entity. Principal officers of a
corporation shall be deemed to include the president, vice presidents,
secretary and treasurer.
Section 28-104.8.3
§28-104.8.3 Information of applicant, filing representative, and
owner. The application shall set forth the full names, addresses,
telephone numbers, and where available, e-mail addresses of the
following persons and where any of such persons are corporations,
partnerships or other business entities, the names and addresses of the
principal officers, partners or other principals of such entity:
1. The applicant;
2. The filing representative;
3. The owner, cooperative owners' corporation, or condominium owners'
association; and
4. Where a person other than the owner has engaged the applicant, such
cooperative unit shareholder, condominium unit owner, lessee, or
mortgagee.
Section 28-104.8.4
§28-104.8.4 Tenant protection plan. Construction documents for
alterations of buildings in which any dwelling unit will be occupied
during construction shall include a tenant protection plan. Such plan
shall contain a statement that the building contains dwelling units that
will be occupied during construction and shall indicate in sufficient
detail the specific units that are or may be occupied during
construction, the means and methods to be employed to safeguard the
safety and health of the occupants, including, where applicable, details
such as temporary fire-rated assemblies, opening protectives, or dust
containment procedures. The elements of the tenant protection plan may
vary depending on the nature and scope of the work but at a minimum
shall make detailed and specific provisions for:
1. Egress. At all times in the course of construction provision shall
be made for adequate egress as required by this code and the tenant
protection plan shall identify the egress that will be provided.
Required egress shall not be obstructed at any time except where
approved by the commissioner.
2. Fire safety. All necessary laws and controls, including those with
respect to occupied dwellings, as well as additional safety measures
necessitated by the construction shall be strictly observed.
3. Health requirements. Specification of methods to be used for
control of dust, disposal of construction debris, pest control and
maintenance of sanitary facilities, and limitation of noise to
acceptable levels shall be included.
3.1. There shall be included a statement of compliance with
applicable provisions of law relating to lead and asbestos.
4. Compliance with housing standards. The requirements of the New York
city housing maintenance code, and, where applicable, the New York state
multiple dwelling law shall be strictly observed.
5. Structural safety. No structural work shall be done that may
endanger the occupants.
6. Noise restrictions. Where hours of the day or the days of the week
in which construction work may be undertaken are limited pursuant to the
New York city noise control code, such limitations shall be stated.
Section 28-104.9
§ 28-104.9 Coastal zones and water-sensitive inland zones.
Construction documents shall comply with sections 28-104.9.1 through
28-104.9.6 relating to work in coastal zones and water-sensitive inland
zones.
Section 28-104.9.1
§ 28-104.9.1 Definitions. As used in section 28-104.9 the following
terms shall have the following meanings:
COASTAL ZONES AND WATER-SENSITIVE INLAND ZONES. Areas of land
comprising tidal wetlands, freshwater wetlands, coastal erosion hazard
areas, coastal areas of special flood hazard or rivervine and other
inland areas of special flood hazard.
TIDAL WETLANDS. Areas of land as identified on the tidal wetland
inventory issued by the New York state department of environmental
conservation in accordance with section 25-0201 of the New York state
environmental conservation law, as well as any adjacent areas as such
term is defined in section 661.4 of title six of the New York code of
rules and regulations;
FRESHWATER WETLANDS. Areas of land as identified on the final map
issued by the New York state department of environmental conservation in
accordance with section 24-0301 of the New York state environmental
conservation law, as well as any adjacent areas as such term is defined
in section 662.1 of title six of the New York code of rules and
regulations.
COASTAL EROSION HAZARD AREAS. Areas of land as identified on the final
map issued by the New York state department of environmental
conservation in accordance with section 34-0104 of the new york state
environmental conservation law;
COASTAL AREAS OF SPECIAL FLOOD HAZARD. Areas of land as identified on
the flood insurance rate maps referenced in New York city building code
section BC G402 pursuant to article 36 of the New York state
environmental conservation law.
RIVERVINE AND OTHER INLAND AREAS OF SPECIAL FLOOD HAZARD. Areas of
land, including floodways, as identified on the flood insurance rate
maps referenced in section BC G402 of the New York city building code
pursuant to article 36 of the New York state environmental conservation
law.
STRUCTURE. Any object constructed, installed or placed in, on or under
land or water, including, but not limited to, a building, permanent
shed, deck, in-ground or aboveground swimming pool, garage, mobile home,
paving, road, public utility service distribution, transmission and
collection system, storage tank, pier, dock, wharf, groin, jetty,
seawall, revetment, bulkhead or breakwater.
Section 28-104.9.2
§ 28-104.9.2 Statement and submission by applicant. It shall be the
duty of an applicant for construction document approval to determine
whether the proposed work is located within a coastal zone or a
water-sensitive inland zone subject to section 28-104.9.3 and/or section
28-109.4. Applications for construction document approval shall include
a statement by the applicant indicating whether the proposed work is
located within a coastal zone or water-sensitive inland zone subject to
such sections. The failure to disclose that proposed work is within a
coastal zone or water-sensitive inland zone subject to such sections
shall be a violation of this code.
Section 28-104.9.3
§ 28-104.9.3 Coordination with department of environmental
conservation and other agencies. The commissioner shall not approve
construction documents for construction of a new structure, the
horizontal enlargement of a structure or to excavate or fill any land,
within a tidal wetland, a tidal wetland adjacent area, freshwater
wetland, freshwater wetland adjacent area, or coastal erosion hazard
area, without documentation satisfactory to the commissioner that the
New York state department of environmental conservation, and such other
governmental agencies as are applicable, have issued any applicable
permits or other approvals for such construction, excavation or fill.
Section 28-104.9.4
§ 28-104.9.4 Compliance with special flood hazard area requirements
mandated within special flood hazard areas. Within coastal areas of
special flood hazard and areas of special flood hazard, the commissioner
shall not approve construction documents for construction or alteration
of buildings or structures, including alterations pursuant to section
28-101.4.3, or for any other activity regulated by section BC G201 of
the New York city building code, unless the application complies with
the requirements of Appendix G of the New York city building code.
Section 28-104.9.5
§ 28-104.9.5 False statement or omission. No person shall submit an
application for construction document approval for any structure within
a coastal zone or water-sensitive inland zone which falsely avers or by
omission causes the department to determine that the subject property is
not located within such zone or that the New York state department of
environmental conservation and other appropriate agencies have issued
the appropriate permits or approvals when they did not.
Section 28-104.9.6
§ 28-104.9.6 Revocation of approval of construction documents. Where
the department determines that work is located within a coastal zone or
water-sensitive inland zone after construction documents have been
approved for such work and/or that the documentation required by
sections 28-104.9.2 through 28-104.9.4 has not been submitted, the
department shall revoke such approval and any associated work permits
that may have been issued for such work in accordance with section
28-104.2.10.
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.
Special thanks to Benjarmin Kallos and Thom Neale who made this content publicly available as a bulk download.