Section 28-112.1
§28-112.1 Payment of fees. A permit, inspection, or other service or
privilege as regulated in this code shall not be valid until the fees
prescribed herein or in rules have been paid, nor shall a renewal of a
permit or other service or privilege or an amendment to a permit be
released until the fee has been paid. In addition, an approval required
to be reissued due to a change in product name, company name and/or
address, contact information or principals, shall not be reissued until
a reissuance fee, if any, has been paid. The department shall adopt such
rules and shall prescribe such forms as may be necessary to carry out
the provisions of this article.
Exceptions:
1. A permit, inspection or other service or privilege as regulated in
this code shall not be subject to this provision if the owner of the
building or property affected is a corporation or association organized
and operated exclusively for religious, charitable or educational
purposes, or for one or more such purposes, no part of the earnings of
which inures to the benefit of any private shareholder or individual,
and provided that the property affected is to be used exclusively by
such corporation or association for one or more of such purposes.
2. A permit, inspection or other service or privilege as regulated in
this code shall not be subject to this provision if the work proposed is
emergency work performed by a city agency or by a contractor pursuant to
a contract with a city agency.
Section 28-112.10
§ 28-112.10 Waiver of application, permit and inspection fees for
certain work arising out of the storm that occurred on October 29 and
30, 2012. The commissioner shall waive the fees that would otherwise be
required to be paid by this code, the electrical code or the rules of
the department for applications, permits and inspections for certain
work arising out of the storm that occurred on October 29 and 30, 2012
as provided in subsections 28-112.10.1 and 28-112.10.2.
§ 28-112.10.1 Eligible buildings. For the purposes of this article,
eligible buildings are those buildings that, following the storm and
pursuant to an inspection program established by the department under an
emergency order of the Mayor, are designated by the department after
inspection through a notation on the department's records and/or by the
posting of a red placard warning on the building or premises as
seriously damaged and unsafe to enter or occupy or completely demolished
and/or washed away. With respect to eligible buildings, fees associated
with applications, permits and inspections shall be waived for
alteration work, demolition work, construction of new buildings and
associated work, including but not limited to associated electrical and
plumbing work. The commissioner may request the applicant to submit
additional information relating to the damage. Waiver of such fees
pursuant to this section shall be applicable for jobs where the initial
application for construction document approval or, if no construction
documents are required, application for permit is submitted on or after
October 30, 2012 and on or before October 31, 2014.
§ 28-112.10.2 Storm related damage to electrical and plumbing systems.
In buildings other than eligible buildings, fees shall be waived only
for applications, permits and inspections for work related to plumbing
and electrical systems damaged by such storm. Applicants must submit
certification by a licensed master electrician or a licensed master
plumber or fire suppression piping contractor that the proposed work is
related to such storm damage. The commissioner may request the applicant
to submit additional information relating to the damage. Waiver of such
fees pursuant to this section shall be applicable for jobs where the
initial application for construction document approval or, if no
construction documents are required, application for permit is submitted
on or after October 30, 2012 and on or before December 31, 2013.
Section 28-112.2
§28-112.2 Schedule of permit fees. Permits for new buildings,
structures, mechanical, and plumbing systems or alterations requiring a
permit shall be accompanied by a fee for each permit in accordance with
the fee schedule of Table 28-112.2. Fifty percent of the total fee for
the work permit, but not less than one hundred dollars, or the total fee
for the work permit where such fee is less than one hundred dollars,
shall be paid and shall accompany the first application for the approval
of construction documents; and the whole or remainder of the total fee
shall be paid before the work permit may be issued. The commissioner may
require reasonable substantiation of any statement or other form that
may be required by the department.
Table 28-112.2
_________________________________________________________________________
Permit Type Initial Fee Renewal Comments
Fee
_________________________________________________________________________
New Buildings
_________________________________________________________________________
New building work $0.12 for each $100
permit: square foot, or
One-, two- or three- fraction thereof,
family dwelling of the total floor
area of the new
building, but not
less than $100 for
each structure
[] Subsequent appli- $100. Each $100.
cations related to Each
initial new build-
ing work permit
application, inclu-
ding but not lim-
ited to elevators,
filed prior to the
first temporary
certificate of oc-
cupancy (TCO), or
the final certifi-
cate of occupancy
if no TCO is issued
[] New building work $100. $100.
permit:
Garage for not more
than three cars
when accessory to
and filed with
plans for one-,
two- or three-
family dwelling to
which it is
accessory on the
same lot
_________________________________________________________________________
New building work $0.26 for each $100
permit: square foot, or annually
All other new buildings fraction thereof,
of the total floor
area of the new
building, but not
less than $100 for
each structure
annually.
[] Subsequent appli- $100
cations related to $100 each annually. annually.
initial new build-
ing work permit
application, inclu-
ding but not lim-
ited to elevators,
filed prior to the
first temporary
certificate of
occupancy (TCO), or
the final certifi-
cate of occupancy
if no TCO is issued
_________________________________________________________________________
Alterations
_________________________________________________________________________
Alteration work Minimum Filing Fee - $170 $100
permit: Minimum Filing Fee - $130 annually
[] One-, two- or Minimum Filing Fee - $130
three-family Minimum filing fee
dwelling. for the first five thousand
[] Alteration Type 1 dollars or fraction thereof,
[] Alteration Type 2 of the cost of aleration,
[] Alteration Type 3 excluding the cost for the
[] Permit to install installation or alteration
and/or alter of any plumbing or plumbing
plumbing, plumbing system or fire suppression
system and/or fire piping system; not less than
suppression piping $130 annually for
system in existing subsequent years; plus $5.15
building: One-, for each one thousand dollars,
two- or three- or fraction thereof, of cost of
family dwelling. alterations in excess of
five thousand dollars.
_________________________________________________________________________
Alteration work Minimum Filing Fee - $280 $100
permit: Minimum Filing Fee - $225 annually
[] Alterations Minimum Filing Fee - $195
in all other Minimum filing fee
buildings and for the first three thousand
structures, dollars, or fraction thereof,
including but not of the cost of alteration
limited to aerial not including the cost of the
towers and masts, installation or alteration
tank structures, of any plumbing or plumbing
fire escapes, system or fire suppression
etc., which are piping system; not less than
unoccupied and $195 annually for
not easily valued subsequent years; plus $20
by area; for each one thousand
[] Alteration dollars, or fraction thereof,
Type 1 of the next two thousand
[] Alteration dollars of such cost; plus
Type 2 $10.30 for each one thousand
[] Alteration dollars, or fraction thereof,
Type 3 of the alteration cost in
[] Applications re- excess of five thousand dollars.
lated to new buil-
ding work permit
application, filed
after the first
temporary certifi-
cate of occupancy
(TCO), or the final
certificate of
occupancy if no
TCO is issued.
[] Installation or
alteration of
elevators, escalators,
amusement devices
and other devices
regulated under this
code, except those
filed under a new
building application.
[] Permit to install
and/or alter plumbing,
plumbing system and/or
fire suppression
piping system in
existing building:
All buildings other
than one-, two-
or three-family
dwelling.
_________________________________________________________________________
Permit to install Filing fee calculated $100
or alter service as for respective building
equipment except alteration
plumbing and fire
suppression piping
service equipment.
_________________________________________________________________________
Permit to install, $130 $100
alter or replace $65 $100
oil-burning equipment:
[] Where the storage
tank exceeds two
hundred seventy-
five gallon capacity;
or where the storage
tank is less than two
hundred seventy-five
gallons and is to
be buried, or is
to be installed in
a multiple dwelling or
a place of assembly
or in a building
along the line of a
subway, or is to
deliver fuel oil to
a burner installed
above the lowest floor
of a building with
a primary Business
Group B. occupancy.
[] In all other
conditions.
_________________________________________________________________________
Other
_________________________________________________________________________
Permit for foundation, $10 for each two $100
earthwork or open space thousand square
without roof, whether feet of area or
enclosed or unenclosed, fraction thereof,
on sites such as parking but not less than
lots, gasoline or oil- $130
selling stations, stor-
age yards, sales or ex-
hibition or show spaces
used for generally sim-
ilar purposes.
_________________________________________________________________________
Permit for golf driving $7.50 for each $100
range. twenty thousand
square feet of
area or fraction
thereof, but not
less than $130
_________________________________________________________________________
Accessory building to $130 $100
golf driving range, not
to exceed one hundred
forty-four square feet.
_________________________________________________________________________
Permit for demolition Multiply street $100.
and removal. frontage in feet
or fraction thereof
x number of stories
of the building x
$2.60, but not less
than $260. For
corner lot, use the
longer street
frontage.
_________________________________________________________________________
Asbestos permits:
[] Permit for the Specific fee to be
performance of an established by the
asbestos project commissioner of
for which the environmental
filing with the protection.
department of an
asbestos inspection
report, or proof
of approval by the
commissioner of
environmental
protection of an
asbestos removal
plan is required.
[] Application for Terms "asbestos
plan approval or project,"
permit for work "asbestos inspect-
for which an ion report" and
asbestos "asbestos removal
investigator is plan" shall have
required to submit the meanings
an asbestos ascribed in
inspection report Section 24-146.1
certifying that the of the
work to be performed administrative
will not constitute code.
an asbestos project.
_________________________________________________________________________
Filing of post- The greater of
approval amendments to $100 or the fees
existing applications. for the additional
scope or cost of
work as calculated
pursuant to this
Table 28-112.2.
_________________________________________________________________________
Scaffold filing fee $130
_________________________________________________________________________
Scaffold permit $30.
_________________________________________________________________________
Signs
_________________________________________________________________________
Permit to erect, Filing fee Each face of
install or alter sign: calculated as for any sign,
Ground sign. respective building when fronting
alteration, plus on different
$5 for each one streets, shall
hundred square feet be treated as
of surface area, or a separate
fraction thereof, sign.
but not less than
$35
_________________________________________________________________________
Permit to erect, Filing fee $100 Each face of
install or alter calculated as for any sign, when
sign: Roof sign respective building fronting on
having a tight, alteration, plus different streets
closed or solid $15 for each one shall be tre-
surface. hundred square feet ated as a
of surface area, or separate sign.
fraction thereof,
but not less than
$70
_________________________________________________________________________
Permit to erect, Filing fee $100 Each face of
install or alter calculated as for any, sign when
sign: Roof sign respective building fronting on
without a tight, alteration; plus different
closed or solid $15 for each one streets, shall
surface, extending hundred square feet be treated as
to a height of not of surface area, or a separate sign.
more than thirty- fraction thereof,
one feet above but not less than
roof level. $100
_________________________________________________________________________
Permit to erect, Filing fee $100 Each face of
install or alter calculated as for any sign, when
sign: Roof sign respective building fronting on
without a tight, alteration; plus different
closed or solid $25 for each one streets, shall
surface, extending hundred square feet be treated as
to a height over of area, or a separate
thirty-one feet fraction thereof, sign.
above roof level. but not less than
$135.
_________________________________________________________________________
Permit to erect, Filing fee $100 Illuminated
install or alter calculated as for sign is subj-
sign: Illuminated respective building ect to annual
sign projecting alteration. use fee: $45.
beyond street line
having thirty
square feet or less
on one side
_________________________________________________________________________
Permit to erect, Filing fee $100 Illuminated
install or alter calculated as for sign is subj-
sign: Illuminated respective building ect to annual
sign projecting alteration. use fee: $70.
beyond street line
having more than
thirty square feet
but no more than
fifty square feet
on one side.
_________________________________________________________________________
Permit to erect, Filing fee $100 Illuminated
install or alter calculated as for sign is subj-
sign: Illuminated respective building ect to annual
sign projecting alteration. use fee: $0.75
beyond street line for each squ-
and having more are foot or
than fifty square part thereof
feet on one side annually, but
not less than
$100.
_________________________________________________________________________
Maintenance permit As provided by
for outdoor signs. rule.
_________________________________________________________________________
Temporary Structures
_________________________________________________________________________
Permit for tempor- $160 for each $100
ary shed, fence, permit
railing, foot-
bridge, catch
platform, building
sidewalk shanty,
over-the-sidewalk
chute.
_________________________________________________________________________
Sidewalk shed. $160 for the first $100.
twenty-five feet
or fraction thereof
in the length of
shed; plus $10
for each additional
twenty-five feet
or fraction thereof.
_________________________________________________________________________
Permit for temporary $130 for the first $100.
structure other than one thousand square
those listed above, feet or fraction
including, but not thereof; plus $0.10
limited to tents, for each square foot
grandstands, stages. or fraction thereof
in excess of one
thousand square feet.
_________________________________________________________________________
Reinstatement of
Applications/Permits
_________________________________________________________________________
Application/permit
reinstatement fees:
[] Prior to first Full fee at the rate
permit. in effect on the date
of reinstatement.
[] Following first Full fee at the rate
permit issuance in effect on the date
commencing work. of reinstatement.
[] Following first Based upon the full
permit, with fee at the rate in
work partially effect on the date
complete. of reinstatement, the
percentage of the fee
equal to the percentage
of work remaining as
determined by the
department inspector,
plus the renewal fee.
_________________________________________________________________________
Section 28-112.3
§28-112.3 Building permit valuations. Where applicable, the applicant
for a permit shall provide an estimated job construction cost at time of
application. Cost estimates shall include total value of work, including
materials and labor, for which the permit is being issued, such as
installation or alteration of building, gas, mechanical, plumbing
equipment and permanent systems. If, in the opinion of the department,
the valuation is underestimated on the application, the permit shall be
denied, unless the applicant can show detailed estimates to meet the
approval of the department. Final building permit valuation shall be set
by the department.
Section 28-112.4
§28-112.4 Work commencing before permit issuance. Any person who
commences any work before obtaining the necessary permits shall be
subject to a penalty as specified in this code that shall be in addition
to the required permit fees.
Section 28-112.5
§28-112.5 Related fees. The payment of the fee for the construction,
alteration, removal or demolition for work done in connection or
concurrently with the work authorized by a building permit shall not
relieve the applicant or holder of the permit from the payment of other
fees that are prescribed by law.
Section 28-112.6
§28-112.6 Refunds and rebates. Upon application to the comptroller of
the city of New York, and upon verification of claim by the
commissioner, refunds or rebates of partial or full fees shall be
provided as set forth in sections 28-112.6.1 through 28-112.6.3.
Section 28-112.6.1
§28-112.6.1 Withdrawal of work permit applications. In the event that
an owner withdraws an application, the owner may obtain a refund of all
or a portion of the fee paid as follows:
1. If an application for construction document approval is withdrawn
prior to the commencement of examination of the application all but
forty dollars of the deposit fee paid shall be refunded.
2. If an application for construction document approval is withdrawn
during the progress of examination of the application, the comptroller
shall retain a percentage of the deposit fee paid, which the department
shall certify is the equivalent percentage of the examination completed,
but not less than one hundred dollars. The remainder of the deposit fee
shall be refunded to the owner.
3. If an application for construction document approval is withdrawn
after examination of construction documents and/or construction document
approval and before issuance of permit, there shall be refunded by the
comptroller 50 percent of the total computed fee for the permit, except
that not less than one hundred dollars shall be retained by the
comptroller.
Section 28-112.6.2
§28-112.6.2 Withdrawal of cranes and derricks applications. If the
applicant withdraws his or her application for a certificate of approval
for a power-operated crane, derrick or cableway, such applicant may
obtain a refund of a portion of the fees as follows:
1. If the application is withdrawn prior to the commencement of
examination by the department, the entire fee shall be refunded except
one hundred dollars.
2. If the application is withdrawn after the examination has
commenced, the comptroller shall retain a percentage of the fee paid,
which the department shall certify is the equivalent percentage of the
examination performed, but not less than one hundred dollars. The
remainder of the fee shall be refunded to the applicant.
3. If the application is withdrawn after the department has performed
its examination, whether or not the application has been approved no
part of the fee shall be returned to the applicant.
Section 28-112.6.3
§28-112.6.3 Incentive rebates. With respect to the rebates under this
section 28-112.6, the commissioner may, at his or her discretion, issue
a rebate of application fees as follows and as established by rule.
Section 28-112.6.3.1
§28-112.6.3.1 Renewable energy rebates. Owners who demonstrate the
production on a zoning lot of five percent or more of the annual energy
consumption on the zoning lot through renewable energy sources may
receive a fee rebate as established by rule.
Section 28-112.6.3.2
§28-112.6.3.2 Rebate for energy use reduction. Owners who demonstrate
a reduction in energy use from that allowed at the time of permit by the
New York state energy conservation construction code as a result of the
permitted work may receive a fee rebate as established by rule.
Section 28-112.6.3.3
§28-112.6.3.3 Rebate for water conservation systems. Owners who
demonstrate conservation of water taken from the city supply by
providing evidence of achieving the water-recycling discount authorized
by the New York city water board may receive a fee rebate as established
by rule.
Section 28-112.6.3.4
§28-112.6.3.4 Rebate for redevelopment, remediation and reuse of
contaminated properties known as brownfields. Owners who demonstrate
that their site was contaminated and has been certified as remediated by
the United States environmental protection agency or the New York state
department of environmental conservation, or has received a notice of
satisfaction from the New York city department of environmental
protection, may receive a fee rebate as established by rule.
Section 28-112.6.3.5
§28-112.6.3.5 Rebate for recycling construction and demolition waste.
Owners who demonstrate the recycling of construction and demolition
waste may receive a fee rebate as established by rule.
Section 28-112.6.3.6
§28-112.6.3.6 Rebate for bicycle storage facilities. Except for R-3
occupancy, owners who demonstrate that they have provided secured indoor
bicycling facilities accessible to all building occupants may be rebated
their fees as set out in rule. Such facilities shall be identified on
approved plans and shall be noted on the certificate of occupancy with a
statement that the bicycling accommodations dedicated to such facilities
were provided in accordance with this section.
Section 28-112.6.3.7
§28-112.6.3.7 Rebate for LEED or other environmental design
certification. Owners who demonstrate certification of their project,
which was signed off following the effective date of this code, by the
United States Green Building Council based upon the Council's Leadership
in Energy and Environmental Design (LEED) rating system or as otherwise
provided by rule, may be rebated their fees as set out in rule.
Section 28-112.6.3.8
§28-112.6.3.8 Other rebates. The commissioner is authorized to
promulgate rules to rebate fees following sign-off based upon the
installation of energy-conserving systems.
Section 28-112.7
§28-112.7 Inspection fees. Aside from the inspection fees covered
under permit fees above, the following inspection fees shall be paid
according to requirements of this code and as promulgated in rules.
Section 28-112.7.1
§28-112.7.1 Fees for the testing, approval, inspection and use of
power-operated cranes, derricks and cableways. The owner of any crane or
derrick shall renew the certificate of operation each year.
Table 28-112.7.1
------------------------------------------------------------------------
Equipment Type Initial Fee Renewal Comments
Fee for
Certificate
of Operation
------------------------------------------------------------------------
Prototype approval $2500 when Additional
of one testing has configurations
configuration of been monitored shall be
a mobile crane. and certified subject to
One configuration by a competent the same
shall be comprised individual or fees as
of the crane with group, other the original
a main boom, one than the configuration.
fixed jib and manufacturer,
one set of acceptable to the
counterweights. commissioner;
$4000 when, in
lieu of monitoring
and certification of
tests, the commissioner
shall require design
calculations for
such items as the
commissioner deems
necessary to
supplement the tests.
Amendment to a One-half the original
configuration. configuration fee.
------------------------------------------------------------------------
Prototype approval $4000.
of a mobile crane
with a hydraulic
boom.
------------------------------------------------------------------------
Certificate of $500. $250 The boom length
approval for annually. as herein
mobile crane with specified shall
a boom less than include the
two hundred feet jibs and any
in length; fee other
also includes extensions
initial certifi- to the boom.
cate of operation.
------------------------------------------------------------------------
Certificate of $1000. $250 The boom
approval for annually. length as
mobile crane as herein
with a boom specified shall
two hundred include the jibs
feet or more and any other
in length, but extensions to
less than three the boom.
hundred feet in
length; fee also
includes initial
certificate of
operation.
------------------------------------------------------------------------
Certificate of $2000. $400 The boom
approval for annually. length as
mobile crane herein specified
with a boom shall include the
three hundred jibs and any
feet or more other extensions
in length but to the boom.
less than four
hundred feet in
length; fee
also includes
initial certificate
of operation.
------------------------------------------------------------------------
Certificate of $3000. $400 The boom
approval for annually. length as
mobile herein specified
crane with shall include
a boom the jibs
four hundred and any other
feet or more extensions
in length; fee to the boom.
also includes
initial certificate
of operation.
------------------------------------------------------------------------
Certificate of $3000. $400
approval for annually.
climber and tower
cranes and
derricks,
regardless of
length; fee also
includes initial
certificate of
operation.
------------------------------------------------------------------------
Certificate of $1000. $250
approval for annually.
all other cranes;
fee also includes
initial certificate
of operation.
------------------------------------------------------------------------
Certificate of $300. $200 The boom
approval required annually. length as
for a mobile herein
crane with a specified
boom not shall include
exceeding the jibs and
fifty feet in any other
length with a extensions
maximum to the boom.
rated capacity not
exceeding three tons;
fee also includes
initial certificate
of operation.
------------------------------------------------------------------------
New certificate The fee shall be
of approval, the full fee
when the boom required for
or extension testing a new
thereof is crane or derrick,
replaced or with a boom or
altered. extension of
the same size and
design as the
replacement boom or
extension thereof.
------------------------------------------------------------------------
Review only of $100.
engineering cal-
culations for mobile
crane with a boom
exceeding 250 feet
to be erected by a
licensed master or
special rigger, for
which a certificate
of on-site inspection
is not required
under this code or
rules of the department.
------------------------------------------------------------------------
On-site inspection $250 on normal
of up to three working days;
models of mobile $750 on other
cranes with boom, than normal
including jibs working days,
and other ex- upon written
tensions to the request of
boom two hundred the applicant.
fifty feet or
more in length,
or derrick.
------------------------------------------------------------------------
All other on-site $150.
inspections of cranes.
------------------------------------------------------------------------
Amendment to an $100.
application for
certificate of
on-site inspection.
------------------------------------------------------------------------
Application for $100.
waiver of on-site
inspection of mobile
crane or derrick.
------------------------------------------------------------------------
Section 28-112.8
§28-112.8 Special fees. The department shall be entitled to charge the
following special fees:
Table 28-112.8
------------------------------------------------------------------------
Item Description Fee Comments
------------------------------------------------------------------------
Acknowledgement. As provided by rule.
------------------------------------------------------------------------
Accelerated plan review. In accordance with rules
promulgated by the
commissioner.
------------------------------------------------------------------------
Accelerated inspection. As provided by rule.
------------------------------------------------------------------------
Certificate of occupancy. As provided by rule.
------------------------------------------------------------------------
Accelerated certificate of
occupancy request. As provided by rule.
------------------------------------------------------------------------
Application for temporary
certificate of occupancy. $100. $100 renewal.
------------------------------------------------------------------------
Place of assembly cert-
ificate of operation. $200. $100 amendment.
------------------------------------------------------------------------
Reinspection made necessary As provided by rule
by a failure to correct a
condition or respond to a
request to correct that
results in issuance of a
violation or other order
------------------------------------------------------------------------
Temporary place of assembly
certificate of operation. $100. $100 renewal.
------------------------------------------------------------------------
Temporary use letter
for temporary structure. $100.
------------------------------------------------------------------------
Temporary use letter
for place of assembly. $250. Application shall
be submitted at
least ten work
days prior to the
event; late fees
shall be imposed
at $100 for each
day following
required submission
date that the
application is
received by
the department.
------------------------------------------------------------------------
Ordinary plumbing work. $100 for each report.
------------------------------------------------------------------------
Limited plumbing alteration. Filing fee as calculated
for respective building
alteration
------------------------------------------------------------------------
Limited sprinkler and/or Filing fee as calculated
standpipe alteration. for respective building
alteration
------------------------------------------------------------------------
Approval or acceptance of
materials, assemblies and
equipment
------------------------------------------------------------------------
Application for approval $600.
of materials
------------------------------------------------------------------------
Application for amendment $500.
of prior approval of
materials
------------------------------------------------------------------------
Application for change of $350.
identification (change of
ownership, corporate name
or name of product) of
prior approval.
------------------------------------------------------------------------
Application for approval $200.
of materials Evaluated
by an approved testing
agency.
------------------------------------------------------------------------
Other fees
------------------------------------------------------------------------
Certificate of pending
violation: As provided by rule.
Multiple and
private dwellings.
------------------------------------------------------------------------
Certificate of pending
violation: As provided by rule.
All other buildings.
------------------------------------------------------------------------
Certified copy of license. As provided by rule.
------------------------------------------------------------------------
Microfilming of applications As provided by rule.
for new buildings and
alterations and associated
documentation for certificates
of occupancy, temporary
certificates of occupancy
and/or letters of completion,
as required by rule of
the commissioner.
------------------------------------------------------------------------
Preparing only or preparing As provided by rule.
and certifying a copy of a
record or document filed
in the department, other
than a plan, certificate
of occupancy or certificate
of pending violation.
------------------------------------------------------------------------
Half-size print from As provided by rule.
microfilm of a plan
thirty-six by forty-eight
inches or less.
------------------------------------------------------------------------
Half-size print from As provided by rule.
microfilm of a plan
exceeding thirty-six
by forty-eight inches.
------------------------------------------------------------------------
Notification of use or $35
installation of a sus-
pended scaffold hung from
a c-hook or outrigger beams
------------------------------------------------------------------------
Issuance of a core certif- $100.
icate of completion, which
indicates completion of the
building structure, the ele-
vator systems, stairs, and
all fire safety systems
------------------------------------------------------------------------
Each inspection of a $100.
temporary amusement device
------------------------------------------------------------------------
Issuance of letter of no
objection to or classifi-
cation of a specified oc-
cupancy of a premises, as
follows:
[] 1, 2, or 3 family homes $25.
[] All other premises $100.
------------------------------------------------------------------------
Fees for after-hours work
variances.
[] The initial application $100.
fee for an after-hours
variance
[] The renewal application $100.
fee for an after-hours
variance
[] For each day for which $80.
such variance is granted
or renewed
------------------------------------------------------------------------
Application for approved As provided by rule.
agency approval
------------------------------------------------------------------------
Application for special As provided by rule.
inspector authorization
------------------------------------------------------------------------
Section 28-112.9
§28-112.9 Lien on premises for unpaid fee or other charge. Any unpaid
fee or charge for an inspection, reinspection, examination or service
performed by the department or other unpaid amount owed to the
department, and all permits issued by the department, pursuant to law
shall constitute a lien upon the land and buildings upon or in respect
to which such inspection, reinspection, examination or service was
performed or permit issued, as hereinafter provided.
Section 28-112.9.1
§28-112.9.1 Filing of fees. The department shall maintain a record of
all unpaid fees and other charges. Such records shall be kept on a
building by building basis and shall be accessible to the public during
business hours. An entry of an unpaid amount on the records of the
department shall constitute notice to all parties.
Section 28-112.9.2
§28-112.9.2 Lien. All such unpaid amounts shall constitute a lien upon
the land and building upon, or in respect to which, such inspection,
reinspection, examination or service was performed or permit issued when
the amount thereof shall have been definitely computed as a statement of
account by the department and the department shall file such statement
with the department of finance for entry in the records of such
department against the premises. Such lien shall have a priority over
all other liens and encumbrances except for the lien of taxes and
assessments. However, no lien created pursuant to this section 28-112.9
shall be enforced against a subsequent purchaser in good faith or
mortgagee in good faith unless the requirements of section 28-112.9.1
are satisfied.
Section 28-112.9.3
§28-112.9.3 Notice. A notice, stating the amount due and the nature of
the charge, shall be mailed by the department of finance, to the last
known address of the person whose name appears on the records in the
office of the department of finance as being the owner or agent or as
the person designated by the owner to receive tax bills or, where no
name appears, to the premises, addressed to either the owner or the
agent.
Section 28-112.9.4
§28-112.9.4 Interest. If such charge is not paid within 30 days from
the date of entry, it shall be the duty of the department of finance to
receive interest thereon at the rate of 15 percent per annum, to be
calculated to the date of payment from the date of entry.
Section 28-112.9.5
§28-112.9.5 Tax lien. Such charge and the interest thereon shall
continue to be, until paid, a lien on the premises. Such lien shall be
deemed a tax lien within the meaning of sections 11-319 and 11-401 of
the administrative code and may be sold, enforced or foreclosed in the
manner provided in chapter three or four of title eleven of such code or
may be satisfied in accordance with the provisions of section thirteen
hundred fifty-four of the real property actions and proceedings law.
Section 28-112.9.6
§28-112.9.6 Reference. The notice mailed by the department of finance
pursuant to this section 28-112.9 shall have stamped or printed thereon
a reference to this section 28-112.9.
Section 28-112.9.7
§28-112.9.7 Validity not subject to challenge in enforcement
proceeding. In any proceedings to enforce or discharge a lien created
pursuant to this section 28-112.9 the validity of the lien shall not be
subject to challenge based on:
1. The lawfulness of the inspection, reinspection, examination,
service or permit; or
2. The propriety and accuracy of the fee for which a lien is claimed,
except as provided in this section 28-112.9.
Section 28-112.9.8
§28-112.9.8 Standing to challenge. No such challenge may be made
except by (i) the owner of the property, or (ii) a mortgagee or lienor
whose mortgage or lien would, but for the provisions of this section
28-112.9, have priority over the department's lien.
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.