Section 28-116.1
§28-116.1 General. Construction or work for which a permit is required
shall be subject to inspection in accordance with this code and such
construction or work shall remain accessible and exposed for inspection
purposes until the required inspection is completed. A satisfactory
inspection by the department or the acceptance by the department of a
satisfactory report of an inspection by an approved agency or special
inspector shall not be construed to be an approval by the department of
a violation of the provisions of this code or of any other provision of
law. It shall be the duty of the permit holder to cause the work to
remain accessible and exposed for inspection purposes. The permit holder
shall be liable for any expense entailed in the removal or replacement
of any material required to allow inspection. The inspector shall supply
a report of the results of each inspection.
Section 28-116.2
§28-116.2 Types of inspections. The inspections set forth in sections
28-116.2.1 through 28-116.2.4 are required or authorized by this code.
Section 28-116.2.1
§28-116.2.1 Preliminary inspection. Before approving construction
documents, the commissioner is authorized to examine or cause to be
examined structures or premises for which an application has been filed.
Section 28-116.2.2
§28-116.2.2 Compliance inspections. In addition to the inspections
specified in this code, the commissioner is authorized to make or
require other inspections of any construction work to ascertain
compliance with the provisions of this code and other laws that are
enforced by the department.
Section 28-116.2.3
§ 28-116.2.3 Special inspections and other inspections required during
the progress of work. After the issuance of a work permit, special
inspections and other inspections required by this code to be made
during the progress of the work shall be made at such times or at such
stages of the work and in such manner as shall be provided by this code
or as otherwise required by the commissioner. The permit application
shall set forth an inspection program for the job. Such inspections may
be made by approved agencies or by the department as provided in this
code or in the rules of the department. Special inspections shall be
performed only by individuals who are special inspectors. The permit
holder shall notify the relevant special inspectors in writing at least
72 hours prior to the commencement of any work requiring special
inspection. The commissioner may accept inspection and test reports from
approved agencies and special inspectors and the work may, unless
otherwise specifically provided by code provisions or directed by the
commissioner, proceed without any verifying inspection or test by the
department. The names and business addresses of special inspectors and
approved agencies shall be set forth in the work permit application. All
inspection reports shall be in writing and signed by the person or
entity performing the inspection. A record of all inspections shall be
kept by the person performing the inspection. The commissioner may
require inspection reports to be filed with the department. Records of
inspections made by approved agencies and special inspectors shall be
maintained by such persons for a period of six years after sign-off of
the job or for such other period of time as the commissioner may require
and shall be made available to the department upon request.
Section 28-116.2.3.1
§28-116.2.3.1 Special inspection of fabricated items. Where
fabrication of regulated products is performed on the premises of a
fabricator's shop, special inspection of the fabricated items is
required. The special inspector shall verify that the fabricator
maintains detailed fabrication and quality control procedures that
provide a basis for inspection control of the workmanship and the
fabricator's ability to conform to approved construction documents and
referenced standards. The special inspector shall review the procedures
for completeness and adequacy relative to the code requirements for the
fabricator's scope of work.
Exception: Special inspections shall not be required where the
fabricator is approved by the commissioner in accordance with section
28-116.7.
Section 28-116.2.3.2
§ 28-116.2.3.2 Special inspection of raising and moving of a building.
Where the lowest above-grade floor or the lowest subgrade floor of a
building is to be raised, lifted, elevated or moved, special inspection
of such work is required. The permit holder shall notify the department
in writing at least 48 hours before the commencement of such work.
Section 28-116.2.4
§28-116.2.4 Final inspection. There shall be a final inspection of all
permitted work. Final inspections shall comply with sections
28-116.2.4.1 through 28-116.2.4.2.
Section 28-116.2.4.1
§28-116.2.4.1 Final inspection prior to certificate of occupancy. In
all cases where the permitted work requires the issuance of a new or
amended certificate of occupancy, the final inspection shall be
performed by the department in the presence of the, permit holder, the
registered design professional of record or the superintendent of
construction. Such inspection shall be performed after all work
authorized by the building permit is completed and before the issuance
of the certificate of occupancy. All failures to comply with the
provisions of this code or approved construction documents shall be
noted and the owner promptly notified thereof in writing. All defects
noted in such inspection shall be corrected. Reports of such final
inspections shall be maintained by the department. The final inspection
report shall confirm that defects noted have been corrected, that the
work is in substantial compliance with the approved construction
documents and with this code and with other applicable laws and rules
and that all required inspections were performed.
Section 28-116.2.4.2
§28-116.2.4.2 Final inspection prior to letter of completion. In all
cases where the permitted work does not require the issuance of a
certificate of occupancy, the final inspection shall be performed by the
department or at the option of the owner by an approved agency. Whenever
the department performs a final inspection, the department shall charge
a fee for such inspection. The applicant shall take all reasonable and
necessary steps to insure that the final inspection is performed within
one year after the expiration of the last permit. The inspection shall
be performed after all work authorized by the building permit is
completed. The person performing the inspection shall note all failures
to comply with the provisions of this code or approved construction
documents and shall promptly notify the owner in writing. All defects
noted in such inspection shall be corrected. The final inspection report
shall confirm that defects noted have been corrected, that the work is
in substantial compliance with the approved construction documents and
with this code and other applicable laws and rules and that all required
inspections were performed. Final inspection reports shall be filed with
and maintained by the department. Records of final inspections made by
approved agencies shall be maintained by such persons for a period of
six years after sign-off or for such other period as the commissioner
shall require and shall be made available to the department upon
request.
Section 28-116.3
§28-116.3 Inspection requests. It shall be the duty of the permit
holder to notify the department or the person designated to perform the
inspection when work requiring inspection is ready to be inspected. It
shall be the duty of the permit holder to provide access to and means
for inspection of such work for any inspections that are required by
this code.
Section 28-116.4
§28-116.4 Sign-off of completed work. Upon submission of a
satisfactory report of final inspection and all required submittal
documents, the department shall document the sign-off of the project and
issue a letter of completion, or, if applicable, a certificate of
occupancy for the work. The owner shall take all reasonable and
necessary steps for the issuance by the department of a letter of
completion or certificate of occupancy within 1 year following the
expiration of the last permit.
Section 28-116.4.1
§28-116.4.1 Issuance of certificate of compliance. The following types
of service equipment shall not be operated until the department issues a
certificate of compliance after submission of a satisfactory report of
inspection and testing of such equipment in accordance with this code
and all required submittal documents:
1. Air-conditioning and ventilation systems
2. Elevators, escalators, moving walkways and dumbwaiters
3. Fuel burning and fuel-oil storage equipment
4. Refrigeration systems
5. Heating systems
6. Boilers.
Exception: A certificate of compliance shall not be required in
connection with work specifically exempted from permit requirements in
accordance with this code or department rules.
Section 28-116.5
§28-116.5 Payment of outstanding penalties. The department may refuse
to issue a letter of completion or certificate of occupancy pending
payment of all outstanding fines or civil penalties imposed for
violations of this code, the 1968 building code or other laws enforced
by the department at the same building.
Section 28-116.6
§28-116.6 List of approved inspection agencies. A current list of all
approved inspection agencies shall be maintained by the department and
published in written form.
Section 28-116.7
§28-116.7 Fabricator approval. Approval of fabricators by the
department shall be based upon review of the fabricator's written
procedural and quality control manuals and periodic auditing of
fabrication practices by an approved agency.
Section 28-116.7.1
§28-116.7.1 Fabricator's certificate of compliance. For all fabricated
items, the approved fabricator shall submit a certificate of compliance
to the department stating that the work was performed in accordance with
the approved construction documents, referenced standards and applicable
provisions of law.
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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