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Article 116 Inspections and Sign-Off of Completed Work

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§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 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.
§28-116.1.1 Defective Work and Discrepancies With Approved Construction Documents
An approved agency conducting inspections shall report defective work and discrepancies with the approved construction documents to the contractor and, when applicable, to the superintendent of construction, for correction. The approved agency shall report uncorrected discrepancies and defective work to the registered design professional of record and the owner in writing.
§28-116.1.2 Hazardous Conditions
The approved agency shall report all conditions noted as hazardous to life, safety or health that are not immediately corrected to the immediate attention of the commissioner.
§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.
*§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. The department shall conduct preliminary inspections of no less than 20 percent of buildings containing six or more units where (i) an application for construction documents is submitted to the department and (ii) the applicant has indicated that the building that is the subject of such application is unoccupied, in order to verify the occupancy status of such sites.

*Section 28-116.2.1 was amended by Local Law 115 of 2019. This law has an effective date of January 1, 2020.
*§28-116.2.1.1 Preliminary Inspection Reporting
By January 1, 2021 and no later than January 1 annually thereafter, the department of buildings shall submit to the mayor and the speaker of the council a report describing the findings of preliminary inspections performed pursuant to section 28-116.2.1 in the preceding year. Such report shall include, but not be limited to: (i) the total number of applications found to have falsely indicated that a building was unoccupied; and (ii) for each application found to have falsely indicated that a building was unoccupied, the location of the associated building and date of filing for such application.

*Section 28-116.2.1.1 was added by Local Law 115 of 2019. This law has an effective date of January 1, 2020.
§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.
§28-116.2.3 Special Inspections, Progress Inspections and Other Inspections Required During the Progress of Work
After the issuance of a work permit, special inspections, progress 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 work. 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 commissioner may accept inspection and test reports from approved agencies 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 work or for such other period of time as the commissioner may require and shall be made available to the department upon request.
§28-116.2.3.1 Special and Progress Inspection of Fabricated Items
Where fabrication of regulated products is performed on the premises of a fabricator's shop, special and progress inspections of the fabricated items are required as provided in this code. The approved agency 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 approved agency shall review the procedures for completeness and adequacy relative to the code requirements for the fabricator's scope of work.
Exceptions:
  1. Work that is subject to progress inspections and performed on the fabricator's premises shall not be subject to progress inspections where the fabricator is approved by the commissioner in accordance with section 28-116.6 of this code.
  2. Work that is subject to special inspections and performed on the fabricator's premises shall be inspected by the special inspection agency in accordance with Section 1704.2.2.3 of the New York city building code where the fabricator is approved by the commissioner in accordance with section 28-116.6 of this code.
§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.
*§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 28-116.2.4.3.

*Section 28-116.2.4 was amended by Local Law 151 of 2016. This law has an effective date of January 1, 2018.
§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 occu-pancy. 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.
Exception: For amended certificates of occupancy subject to section 28-118.16.2, the term construction documents, as used in section 28-116.2.4.1, shall consist of an accurate and complete final lot survey made by a land surveyor, and floor and roof plans showing, at a minimum, compliance with exit requirements in accordance with this code.
*§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 an approved agency on behalf of the owner or by the department as directed by the
commissioner. The applicant shall take all reasonable and necessary steps to ensure 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 approved agency performing the inspection shall report defective work and discrepancies with the approved construction documents to the contractor and, when applicable, to the superintendent of construction, for correction. The approved agency shall report uncorrected discrepancies and defective work to the registered design professional of record and the owner in writing. The approved agency shall report all conditions noted or observed as hazardous to life, safety or health that are not immediately corrected to the immediate attention of the commissioner. 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.
Exception: Final inspection shall be performed by the department for permitted work in R-2 occupancies if the building is listed on the department of housing preservation and development's website pursuant to paragraph 6 of subdivision m of section 27-2115 of the administrative code. The department shall charge a fee for such inspection.

*Section 28-116.2.4.2 was amended by Local Law 149 of 2017. This law has an effective date of December 28, 2017.
*§28-116.2.4.3 Final Inspection of Gas Piping Systems
The final inspection of gas piping systems 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. 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 28-116.2.4.3 was added by Local Law 151 of 2016. This law has an effective date of January 1, 2018.
§28-116.3 Inspection Requests
It shall be the duty of the permit holder to notify the department or the person or entity 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.
§28-116.3.1 Additional Notifications for Special Inspections
The permit holder shall also notify the relevant special inspection agency in writing at least 72 hours prior to the commencement of any work requiring special inspection.
§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 necessary steps required by the department for the issuance of such letter of completion or certificate of occupancy within one year following the expiration of the last permit.
§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, ventilation and exhaust 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.
§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.
§28-116.6 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.
§28-116.6.1 Certificate of Intent to Fabricate
For all work where approval is sought based upon section 28-116.6, the approved fabricator shall submit a certificate of intent to fabricate such work to the department identifying the work to be performed as an approved fabricator, and that such work shall be performed in accordance with the approved construction documents, referenced standards and applicable provisions of law and for which site the work is being fabricated prior to fabricating any items for such project.
§28-116.6.2 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.
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