Section 28-105.1
§28-105.1 General. It shall be unlawful to construct, enlarge, alter,
repair, move, demolish, remove or change the use or occupancy of any
building or structure in the city, or to erect, install, alter, repair,
or use or operate any sign or service equipment in or in connection
therewith, or to erect, install, alter, repair, remove, convert or
replace any gas, mechanical, plumbing or fire suppression system in or
in connection therewith or to cause any such work to be done unless and
until a written permit therefore shall have been issued by the
commissioner in accordance with the requirements of this code, subject
to such exceptions and exemptions as may be provided in section
28-105.4.
Section 28-105.1.1
§28-105.1.1 Notification to fire department. The commissioner, in
consultation with the fire commissioner, shall establish a procedure for
notifying the fire department of the issuance of any permit that will
result in the issuance of a new or amended certificate of occupancy or
other change in the use or occupancy of the premises. In no instance
shall the required notice be given to the fire department more than one
business day after the date of the issuance of the permit.
Section 28-105.10
§28-105.10 Suspension or revocation of permit. The commissioner is
authorized to suspend or revoke a permit issued under the provisions of
this code.
Section 28-105.10.1
§28-105.10.1 Notice of proposed revocation. The commissioner may, on
written notice to the permit holder, revoke any permit 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 application or submittal
documents upon the basis of which such approval was issued; or whenever
a permit has been issued in error and conditions are such that the
permit should not have been issued. Such notice shall inform the permit
holder 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 delivery of the notice by hand
or 15 calendar days of the posting of notice by mail, information as to
why the permit should not be revoked.
Section 28-105.10.2
§28-105.10.2 Immediate suspension in cases of imminent peril. The
commissioner may immediately suspend any permit without prior notice to
the permit holder when the commissioner has determined that an imminent
peril to life or property exists. The commissioner shall forthwith
notify the permit holder that the permit has been suspended and the
reasons therefore, that it is proposed to be revoked, and that the
permit holder has the right to present to the commissioner or his or her
representative within 10 business days of delivery of the notice by hand
or 15 calendar days of the posting of notice by mail information as to
why the permit should not be revoked.
Section 28-105.11
§28-105.11 Posting of permit. The building permit or a copy thereof
shall be posted in a conspicuous place at the work site, visible to the
public for the duration of the work, or the use and operation of the
equipment, or until the expiration of the permit. No such permit shall
be posted or displayed at any location other than the location of the
premises or equipment for which the permit was issued. Where the permit
is exposed to the weather, it shall be laminated or encased in a plastic
covering to protect it from the elements.
Exception: Where a project information panel is required by Section
3301.9.1, of the New York city building code, the permit shall be posted
in accordance with such section, and no other permits shall be posted in
any location readily visible to the public, except as provided in
Section 3301.9.5 of the New York city building code.
Section 28-105.12
§28-105.12 Conditions of permit. Permits shall be subject to the
following conditions:
Section 28-105.12.1
§28-105.12.1 Compliance with code. Permits shall be deemed to
incorporate the provisions that the applicant, the owner, their agents,
employees, and contractors shall carry out the permitted work in
accordance with the provisions of this code and other applicable laws or
rules, whether specified or not, except as variations have been legally
permitted or authorized.
Section 28-105.12.2
§28-105.12.2 Compliance with construction documents. All work shall
conform to the approved construction documents, and any approved
amendments thereto. Changes and revisions during the course of
construction shall conform to the amendment requirements of this code.
Section 28-105.12.3
§28-105.12.3 Adherence to lot diagram. All work shall be strictly
located in accordance with the lot diagram approved in accordance with
this code and no lot or plot shall be changed, increased or diminished
in area from that shown on the approved lot diagram, unless and until a
revised diagram showing such changes, accompanied by the necessary
statement of the owner or applicant, shall have been submitted to and
approved by the commissioner.
Section 28-105.12.4
§28-105.12.4 Compliance with safety requirements. All work shall be
conducted in accordance with and subject to the safety requirements of
this code and other applicable laws or rules, including any order or
requirement of the commissioner that the building or structure under
construction or alteration be vacated, in whole or in part, during the
progress of the work and until the issuance of a certificate of
occupancy. Adjoining lots and properties shall be protected in
accordance with this code.
Section 28-105.12.5
§28-105.12.5 Compliance with noise control code required. All work
shall be performed in compliance with the provisions of the New York
city noise control code as set forth in chapter 2 of title 24 of the
administrative code. Failure to comply with sections 24-222 and 24-223
of the administrative code shall be a violation of this code.
Section 28-105.12.6
§28-105.12.6 Deferred submittals. Where permits are issued subject to
deferred submittal of portions of the design as provided for in section
28-104.2.6, the deferred submittal items shall not be installed until
the construction and submittal documents for such portions have been
approved by the department and, where applicable, new or amended permits
have been issued.
Section 28-105.12.7
§28-105.12.7 Insurance. Where workers compensation, employee
disability or liability insurance is required by law or department rule,
the applicant for the work permit shall obtain and include proof of such
insurance with the work permit application. The permit shall expire by
operation of law if the insurance upon which the permit was conditioned
lapses, expires or is cancelled, unless the permit holder files proof of
alternate insurance before such event.
Section 28-105.12.7.1
§28-105.12.7.1 Insurance coverage for adjacent properties. A person
who obtains a permit for construction or demolition operations shall, at
such person's own expense, procure and maintain for the duration of the
operations, insurance of a kind and in an amount specified by rule of
the department, to insure any and all adjacent property owners and their
lawful occupants fully for all risks of loss, damage to property or
injury to or death of persons, arising out of or in connection with the
performance of the proposed work. Such person shall submit proof of
insurance to the department when applying for a permit for construction
or demolition work.
Section 28-105.12.8
§28-105.12.8 Site safety plan. Where required by this code or by the
department, applications shall include a site safety plan approved in
accordance with the New York city building code. All work shall adhere
to the site safety plan.
Section 28-105.2
§28-105.2 Classification of work permits. For the purposes of this
code, work permits shall be classified as follows:
1. New building permits: for the construction of new buildings.
2. Alteration permits: for the alteration of buildings or structures,
including partial demolition in conjunction therewith.
3. Foundation and earthwork permits: for the construction or
alteration of foundations, including earthwork, excavation, fill, and
foundation insulation.
4. Full demolition permits: for the full demolition of buildings or
structures.
5. Plumbing permits: for the installation or alteration of plumbing
and plumbing systems, including gas piping. Such permits shall include
permits for limited plumbing alterations.
6. Sign permits: for the erection or alteration of signs and sign
structures.
7. Service equipment permits: for the installation or alteration of
service equipment, including but not limited to air conditioning and
ventilating systems, boilers, elevators, escalators, moving walkways and
dumbwaiters.
8. Temporary construction equipment permits: for the erection,
installation and use of temporary structures to facilitate construction
and/or for public or worker safety during construction, including but
not limited to temporary fences, railings, catch platforms,
over-the-sidewalk chutes, footbridges, sidewalk sheds, and scaffolds.
9. Fire suppression system permits: for the installation and
alteration of fire suppression systems, including but not limited to
sprinkler systems, standpipe systems, and non-water systems. Such
permits shall include permits for limited sprinkler alterations and
limited standpipe alterations.
10. Crane and derrick permits: for the use of power operated cranes
and derricks during construction.
Section 28-105.3
§28-105.3 Separate permits required. Separate work permits shall be
required, as provided above, except that separate permits for
foundations and earthwork, or for the installation or alteration of air
conditioning systems, ventilation systems, and heating systems shall not
be required whenever such work is included in and forms a part of the
construction documents filed for the construction of a new building or
the alteration of a building or structure.
Section 28-105.4
§ 28-105.4 Work exempt from permit. Exemptions from permit
requirements of this code shall not be deemed to grant authorization for
any work to be done in any manner in violation of the provisions of this
code, the zoning resolution or any other law or rules enforced by the
department. Such exemptions shall not relieve an owner of the
obligation to comply with the requirements of or file with other city
agencies. Unless otherwise indicated, permits shall not be required for
the following:
1. Emergency work, as set forth in section 28-105.4.1.
2. Minor alterations and ordinary repairs, as described in section
28-105.4.2.
3. Certain work performed by a public utility company or public
utility corporation, as set forth in section 28-105.4.3.
4. Ordinary plumbing work, as set forth in section 28-105.4.4.
5. Permits for the installation of certain signs, as set forth in
section 28-105.4.5.
6. Other categories of work as described in department rules,
consistent with public safety.
Section 28-105.4.1
§28-105.4.1 Emergency work. Work that would otherwise require a permit
may be performed without a permit to the extent necessary to relieve an
emergency condition. An application for a permit shall be submitted
within 2 business days after the commencement of the emergency work and
shall include written description of the emergency condition and the
measures undertaken to mitigate the hazard. Emergency work may include
but shall not be limited to:
1. Erection of sidewalk sheds, fences, or other similar structures to
protect the public from an unsafe condition.
2. Stabilization of unsafe structural conditions.
3. Repair of gas leaks.
4. Repair or replacement of heating or hot water equipment servicing
residential occupancies during the heating season as established by the
New York city housing maintenance code.
5. Replacement of parts required for the operation of a combined
standpipe or sprinkler system.
Section 28-105.4.2
§28-105.4.2 Minor alterations and ordinary repairs. A permit shall not
be required for minor alterations and ordinary repairs.
Section 28-105.4.2.1
§28-105.4.2.1 Definitions. The following words and terms shall, for
the purposes of this section 28-105.4.2 and as used elsewhere in this
code, have the meanings shown herein.
MINOR ALTERATIONS. Minor changes or modifications in a building or any
part thereof, excluding additions thereto, that do not in any way affect
health or the fire or structural safety of the building or the safe use
and operation of the service equipment therein. Minor alterations shall
not include any of the work described as "work not constituting minor
alterations or ordinary repairs."
ORDINARY REPAIRS. Replacements or renewals of existing work in a
building, or of parts of the service equipment therein, with the same or
equivalent materials or equipment parts, that are made in the ordinary
course of maintenance and that do not in any way affect health or the
fire or structural safety of the building or the safe use and operation
of the service equipment therein. Ordinary repairs shall include the
repair or replacement of any plumbing fixture, piping or faucets from
any exposed stop valve to the inlet side of a trap. Ordinary repairs
shall not include any of the work described as "work not constituting
minor alterations or ordinary repairs."
WORK NOT CONSTITUTING MINOR ALTERATIONS OR ORDINARY REPAIRS. Minor
alterations or ordinary repairs shall not include:
1. The cutting away of any load bearing or required fire rated wall,
floor, or roof construction, or any portion thereof.
2. The removal, cutting, or modification of any beams or structural
supports;
3. The removal, change, or closing of any required exit;
4. The addition, rearrangement, relocation, removal or replacement of
any parts of the building affecting loading or exit requirements, or
light, heat, ventilation, or elevator requirements or accessibility
requirements or any fire suppression system;
5. Additions to, alterations of, or rearrangement, relocation,
replacement, repair or removal of any portion of a standpipe or
sprinkler system, water distribution system, house sewer, private sewer,
or drainage system, including leaders, or any soil, waste or vent pipe,
or any gas distribution system;
6. Any plumbing work other than the repair or replacement of plumbing
fixtures, piping or faucets from the exposed stop valve to the inlet
side of a trap;
7. The alteration or repair of a sign for which a permit is required;
or
8. Any other work affecting health or the fire or structural safety of
the building or the safe use and operation of the service equipment
therein.
Section 28-105.4.3
§28-105.4.3 Public utility company or public utility corporation. A
permit shall not be required for:
1. The installation or alteration of gas service piping or gas meter
piping including meters, valves, regulators, and related equipment, when
such work is to be performed and serviced and maintained by utility
corporations subject to the jurisdiction of the New York state public
service commission;
2. The emergency repair of gas distribution piping when such work is
performed by licensed master plumbers or by utility corporations subject
to the jurisdiction of the New York state public service commission, in
order to alleviate hazardous conditions, provided that a written report
describing the details of such repairs shall be filed with the
commissioner upon completion of the work.
Section 28-105.4.4
§28-105.4.4 Ordinary plumbing work. The following ordinary plumbing
work may be performed without a permit, provided that the licensed
plumber performing such work: (i) provides a monthly report listing
completed work and work in progress during the preceding month,
including the block, lot and address of each job, a description of the
work performed or in progress at each address, and the location in each
building where the work was performed or is in progress; (ii) pays the
fees for such work in accordance with this code; and (iii) submits to
the department a certification that the work was performed in accordance
with this code and all applicable laws and rules. Ordinary plumbing work
shall include:
1. The removal of a domestic plumbing system not connected to a fire
suppression system, or the removal of a portion of such system.
2. The relocation of up to two plumbing fixtures within the same room
to a maximum of 10 feet (3048 mm) distant from the original location,
except in health care facilities.
3. The installation, replacement or repair of a food waste grinder
(food waste disposal) or back flow preventer and the replacement or
repair of a sump pump.
4. The replacement of closet bends.
5. In buildings in occupancy group R2 occupied by fewer than six
families or in buildings in occupancy group R3, the replacement of a gas
water heater or a gas fired boiler with a capacity of 350,000 BTU or
less where the existing appliance gas cock is not moved, provided that
the plumber has inspected the chimney and found it to be in good
operational condition.
6. The repair or replacement of any non-gas, non-fire suppression
piping not longer than 10 feet (3048 mm) inside a building, or connected
piping previously repaired or replaced under this provision.
7. The repair or replacement of non-fire suppression branch piping
after the riser shutoff valve, including the replacement of fixtures,
limited to two bathrooms and one kitchen per building per monthly
reporting period.
Section 28-105.4.5
§28-105.4.5 Sign permits. A sign permit shall not be required where
the sign is:
1. Painted directly on the exterior wall surface of a building or on
the surface of a fence;
2. A wall sign of not more than six square feet (0.56 m{2}) in area;
3. Erected by employees of a city agency, including traffic and other
similar signs;
4. A ground sign advertising the sale or rental of the premises on
which it is erected, provided the sign does not exceed 12 square feet
(1.1 m{2}) in area;
5. Temporary and erected during construction work and related thereto;
or
6. Temporary for special decorative display use for holidays, public
demonstrations, or the promotion of civic, welfare or charitable
purposes, except that signs that utilize streets or cross streets shall
be subject to the requirements of the department of transportation.
7. Temporary signs announcing the sale or rental of real property.
Section 28-105.5
§28-105.5 Application for permit. All applications for permits shall
be submitted on forms furnished by the department. Applications shall
include all information required by this code, other applicable law or
the rules of the department. The applicant shall list any portions of
the design that have been approved for deferred submittal in accordance
with section 28-104.2.6. The application shall set forth an inspection
program for the job. An application for a permit shall be submitted no
later than 12 months after the approval of all required construction
documents (other than those documents approved for deferred submittal).
Section 28-105.6
§28-105.6 Fees. Applications for permits shall be accompanied by the
payment of appropriate fees as provided for in article 112.
Section 28-105.7
§28-105.7 Time limitation of applications. An application for a permit
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 a permit shall have been issued except
that the commissioner may, for reasonable cause, and upon payment of all
reinstatement fees as provided for in this code, grant extensions of
time for additional 12-month periods.
Section 28-105.8
§28-105.8 Validity of permit. The issuance or granting of a permit
shall not be construed to be a permit for, or an approval of, any
violation of any of the provisions of this code or of any other law or
rule. Permits presuming to give authority to violate or cancel the
provisions of this code or other law or rule shall not be valid. The
issuance of a permit based on construction documents and other data
shall not prevent the commissioner from requiring the correction of
errors in the construction documents and other data. The commissioner is
authorized to prevent any occupancy, use or work in violation of this
code, the zoning resolution or other law or rule enforced by the
department.
Section 28-105.8.1
§28-105.8.1 Duration of permit. Permits may be issued for a period of
up to two years unless otherwise limited by law.
Section 28-105.8.2
§28-105.8.2 Signature of commissioner on permit. Every permit issued
by the commissioner shall have his or her signature affixed thereto; but
the commissioner may authorize any subordinate to affix such signature,
including by the use of electronic means.
Section 28-105.9
§ 28-105.9 Expiration. All permits issued by the commissioner shall
expire by limitation and become invalid if the permitted work or use is
not commenced within 12 months from the date of issuance of the permit
or, if commenced, is suspended or abandoned for a period of 12 months
thereafter. All permits for work in an area of special flood hazard
pursuant to Appendix G of the New York city building code shall expire
if the actual start of permanent construction has not occurred within
180 days from the date on which such permit is issued. The commissioner
may, however, upon good cause shown, reinstate a work permit at any time
within a period of two years from the date of issuance of the original
permit, provided that the work shall comply with all the requirements of
this code and other applicable laws and rules in effect at the time
application for reinstatement is made, and provided further that the
applicant shall pay all reinstatement fees as required by article 112.
The permit shall automatically expire upon the expiration of required
insurance or if the applicant holds a license issued by the department
upon the expiration or revocation of such license during the term of the
permit.
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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