Chapter 1 Administration

The provisions of this chapter shall apply to the administration of the codes set forth in this title and the 1968 building code. This title shall be known and may be cited as the "New York city construction codes" and includes:

The New York city plumbing code.

The New York city building code.

The New York city mechanical code.

The New York city fuel gas code.

The New York city energy conservation code.

The purpose of the New York city construction codes is to provide reasonable minimum requirements and standards, based upon current scientific and engineering knowledge, experience and techniques, and the utilization of modern machinery, equipment, materials, and forms and methods of construction, for the regulation of building construction in the city of New York in the interest of public safety, health, welfare and the environment, and with due regard for building construction and maintenance costs.

Any reference in this title to "this code" or "the code" shall be deemed to be a reference to this title and all of the codes comprising the New York city construction codes unless the context or subject matter requires otherwise. Whenever a section or subsection of this code is cited or referred to, subordinate consecutively numbered sections and subsections of the cited provision are deemed to be included in such reference unless the context or subject matter requires otherwise.

Except as otherwise provided in sections 28-101.4.1, 28-101.4.2, 28-101.4.3, 28-101.4.4, and 28-101.4.5, on and after July 1, 2008, all work shall be performed in accordance with the provisions of this code.

As used in this chapter and elsewhere in this title, the following terms shall have the following meanings unless the context or subject matter requires otherwise:

*Section 28-101.5 was amended by Local Law 6 of 2021. This law has an effective date of May 10, 2021. 

1968 BUILDING CODE. Chapter 1 of title 27 of the administrative code as hereafter in effect.

1968 OR PRIOR CODE BUILDINGS OR STRUCTURES (PRIOR CODE BUILDINGS). (i) A building or structure in existence prior to July 1, 2008 or one for which a lawful building permit was issued for the erection of such building or structure prior to July 1, 2008. (ii) A building or structure erected in accordance with the 1968 building code under a lawful building permit issued for the erection of such building or structure on or after July 1, 2008 in accordance with section 28-101.4.2 of this code.

ACCEPTANCE OR ACCEPTED. In reference to construction documents, the endorsement by the department of construction documents with less than full examination by the department based on the professional certification of a registered design professional in accordance with a program established by the commissioner.

ADDITION. An alteration of a building in existence that increases its exterior dimensions including, but not limited to, an extension or increase in floor area or height (including an increase in height or area resulting from the construction of a rooftop structure or rooftop mechanical equipment) of the building.

ADMINISTRATIVE CODE. The administrative code of the city of New York.

ALTERATION. Any construction, addition, change of use or occupancy, or renovation to a building or structure in existence.

APPROVAL OR APPROVED. In reference to construction documents, the determination by the department after full examination that submitted construction documents comply with this code and other applicable laws and rules. In reference to materials, the determination by the commissioner that material is acceptable for its intended use.

APPROVED AGENCY. An established and recognized agency that is regularly engaged in conducting tests or furnishing inspection services, when approved pursuant to department rules as qualified to perform or witness identified testing or inspection services.

APPROVED FABRICATOR. An established and qualified person, firm or corporation approved by the commissioner to custom manufacture or build products or assemblies regulated by this code, including the production of concrete.

APPROVED INSPECTION AGENCY. An approved agency that is approved by the department as qualified to perform one or more of the inspections required by this code.

APPROVED TESTING AGENCY. An approved agency that is approved by the department as qualified to test and evaluate the performance of one or more of the materials regulated in their use by this code. Such term shall include, when approved pursuant to department rules, a third party testing or certification agency, evaluation agency, testing laboratory, testing service, licensed concrete testing laboratory, or other entity concerned with product evaluation.

ARCHITECT. A person licensed and registered to practice the profession of architecture under the education law of the state of New York.

BUILDING. Any structure used or intended for supporting or sheltering any use or occupancy. The term shall be construed as if followed by the phrase "structure, premises, lot or part thereof" unless otherwise indicated by the text.

CHARTER. The New York city charter.

CERTIFICATE OF COMPLIANCE. A certificate stating that materials and products meet specified standards or that work was done in compliance with approved construction documents and other applicable provisions of law, or, with respect to specified service equipment, a certificate issued by the department authorizing the operation of such equipment.

CITY. The city of New York.

COMMISSIONER. The commissioner of buildings of the city of New York, or his or her duly authorized representative.

CONSTRUCTION DOCUMENTS. Plans and specifications and other written, graphic and pictorial documents, prepared or assembled for describing the design, location, physical characteristics, and other elements of the project necessary for obtaining a building permit.

DAY. A calendar day, computed in accordance with section 20 of the New York state general construction law, unless otherwise specified as a business day.

DEFERRED SUBMITTAL. Those portions of the design that are not submitted at the time of the application for construction document approval and that are to be submitted to the department within a specified period of time after the issuance of a permit.

DEMOLITION. Full or partial demolition.

DEMOLITION, FULL. The dismantling, razing, or removal of all of a building or structure, including all operations incidental thereto.

DEMOLITION, PARTIAL. The dismantling, razing, or removal of structural members, floors, interior bearing walls, and/or exterior walls or portions thereof, including all operations incidental thereto.

DEPARTMENT. The department of buildings of the city of New York.

ENGINEER. A person licensed and registered to practice the profession of engineering under the education law of the state of New York.

ENLARGEMENT. An addition.

ENVIRONMENTAL CONTROL BOARD or ECB. The environmental control board established
pursuant to section 1049-a of the charter within the office of administrative trials and hearings. 

EXISTING BUILDING OR STRUCTURE. A completed building or structure that is in existence at the time of an applicable reference in this code.

FABRICATED ITEM. Products and assemblies regulated by this code that are custom manufactured or built prior to their incorporation into the work at the construction site. Fabricated items shall not include listed, labeled or approved products or assemblies. Materials produced in accordance with standard specifications referenced by this code, such as rolled structural steel shapes, steel-reinforcing bars, masonry units, and wood structural panels, or in accordance with a referenced standard listed in this code, which provides requirements for quality control done under the supervision of a third-party quality control agency, shall not be considered fabricated items.

FIRE PROTECTION PLAN. A report containing a narrative description of the life and fire safety systems and evacuation system for a structure.

HEREAFTER. On or after July 1, 2008.

HERETOFORE. Before July 1, 2008.

INSPECTION CERTIFICATE. Identification applied to a product by an approved agency containing the name of the manufacturer, the function and performance characteristics, and the name and identification of the approved agency that indicates that the product or material has been inspected and evaluated by such approved agency. An inspection certificate shall also mean a certificate issued by the department upon satisfactory completion of an inspection or test.

*INTERIM CERTIFICATE OF OCCUPANCY. A type of temporary certificate of occupancy authorizing occupancy of one or more floors of a building prior to the completion of all work needed to obtain a certificate of occupancy for the building, and that remains in effect until the issuance of a certificate of occupancy for the building.

*Section 28-101.5 was amended by Local Law 6 of 2021. This law has an effective date of May 10, 2021.

LABEL. An identification applied on a product by the manufacturer that contains the name of the manufacturer, the function and performance characteristics of the product or material, and the name and identification of an approved agency and that indicates that a representative sample of the product or material has been tested and evaluated by an approved agency for compliance with nationally recognized standards or tests to determine suitable usage in a specific manner.

LABELED. Material to which has been attached a label, symbol or other identifying mark of the manufacturer that contains the name of the manufacturer, the function and performance characteristics of the product or material, and the name and identification of an approved agency and that indicates that a representative sample of the material has been tested and evaluated by an approved agency for compliance with nationally recognized standards or tests to determine suitable usage in a specified manner.

LAND SURVEYOR. A person licensed and registered to practice the profession of land surveying under the education law of the state of New York.

LANDSCAPE ARCHITECT. A person licensed and registered to practice the profession of landscape architecture under the education law of the state of New York.

LETTER OF COMPLETION. A document issued by the department indicating that permitted work has been completed, including satisfactory final inspection in accordance with this code. A letter of completion is issued only in circumstances where a certificate of occupancy is not required upon completion of the permitted work.

LIMITED ALTERATION APPLICATION. Application for limited oil-burning appliance alterations, limited plumbing alterations, limited sprinkler alterations and limited standpipe
alterations submitted pursuant to exception 1 of section 28-104.6. Such work shall not include any associated work that would otherwise require an alteration permit including, but not limited to, any construction of fire rated partitions and enclosures. 



LIMITED OIL-BURNING APPLIANCE ALTERATIONS. An alteration, installation, replacement or repair to an oil-burning appliance that is limited in scope, falling into one of the following categories. Any construction or alteration to fire-rated partitions or enclosures, with the exception of through-penetrations that are firestopped, shall require a separate application filed with the department.

LIMITED PLUMBING ALTERATIONS. An installation, replacement, repair or alteration to a
plumbing or fuel gas piping system, including fixtures and appliances, that is limited in scope, falling into one of the following categories:

LIMITED SPRINKLER ALTERATIONS. An alteration, installation, replacement or repair to a sprinkler system that is limited in scope, falling into one of the following categories:

LIMITED STANDPIPE ALTERATIONS. Category 2. An alteration, replacement or repair to an existing standalone or combined standpipe system that is limited to the following:
LISTED. Material identified in a list published by an approved agency that maintains periodic inspection of production of listed material or periodic evaluation services whose listing states either that the material meets identified nationally recognized standards or has been tested and found suitable for a specified purpose when installed in accordance with the manufacturer's installation instructions.

MAIN USE OR DOMINANT OCCUPANCY (OF A BUILDING). Refers to a single occupancy classification assigned to a structure by the department according to such structure's main use or dominant occupancy.

MANUFACTURER'S DESIGNATION. Identification applied to material by the manufacturer indicating that the material complies with a specified standard or set of rules (see "label" and "mark").

MARK. Identification applied to a product by the manufacturer indicating the name of the manufacturer and the function of a product or material (see "Label" and "Manufacturer's Label and designation").

MATERIALS. Materials, assemblies, appliances, equipment, devices, systems, products and methods of construction regulated in their use by this code or regulated in their use by the 1968 building code.

OCCUPANCY. The purpose or activity for which a building or space is used or is designed, arranged or intended to be used.

OWNER. Any person, agent, firm, partnership, corporation or other legal entity having a legal or equitable interest in, or control of the premises.

PARTY WALL. A fire division on an interior lot line common to two adjoining buildings.

PERMIT. An official document or certificate issued by the commissioner that authorizes performance of specified work or activity.

PERSON. An individual, partnership, corporation, or other legal entity.

PREMISES. Land, improvements thereon, or any part thereof.

PRIOR CODE BUILDING. See 1968 OR PRIOR CODE BUILDING OR STRUCTURE (PRIOR CODE BUILDING).

PROFESSIONAL CERTIFICATION. A personal verification of a registered design professional made under such professional's signature and seal that accompanies construction documents and other related documents filed with the department and that attests that such documents do not contain false information and are in compliance with all applicable provisions of law.

PROGRESS INSPECTION. Inspection of permitted construction work in progress to verify compliance with the code and with approved construction documents.

PROJECT. A design and construction undertaking comprised of work related to one or more buildings or structures and the site improvements. A project is represented by one or more plan/work applications, including construction documents compiled in accordance with article 104 of this chapter, that relate either to the construction of new buildings or structures or to the demolition or alteration of existing buildings or structures. Applications for a project may have different registered design professionals and different application numbers, and may result in the issuance of one or more permits.

REGISTERED DESIGN PROFESSIONAL. An architect or engineer.

REGISTERED DESIGN PROFESSIONAL OF RECORD. The registered design professional who prepared or supervised the preparation of applicable construction documents filed with the department.

REQUIRED. Shall mean required by the provisions of this code.

RETAINING WALL. A wall designed to prevent the lateral displacement of soil or other materials.

SERVICE EQUIPMENT. Equipment or systems, and all components thereof, that provide sanitation, power, light, heat, ventilation, air conditioning, refuse disposal, fire-fighting, transportation or other facilities for buildings.

SIGN-OFF. The issuance by the department of a letter of completion or certificate of occupancy for permitted work indicating the satisfactory completion of all required inspections and receipt by the department of all required submittal documents.

SINGLE ROOM OCCUPANCY MULTIPLE DWELLING. See section 28-107.2.

SPECIAL INSPECTION. Inspection and testing of selected materials, equipment, installation, fabrication, erection or placement of components and connections, to ensure compliance with approved construction documents and referenced standards as required by chapter 17 of the New York city building code or elsewhere in this code or its referenced standards.

SPECIAL INSPECTION AGENCY. An agency employing one or more persons who are special inspectors and that meets the requirements of department rules.

SPECIAL INSPECTOR. An individual employed by a special inspection agency having required qualifications and authorized by department rules to perform or witness particular special inspections required by this code or by the rules of the department, including but not limited to a qualified registered design professional so authorized.

STRUCTURE. That which is built or constructed, including among others: buildings, stadia, tents, reviewing stands, platforms, stagings, observation towers, radio towers, tanks, trestles, open sheds, shelters, fences, and display signs.

SUBMITTAL DOCUMENTS. Completed application forms, construction documents, reports and any other documents submitted in compliance with this code or other applicable laws and rules including but not limited to special inspection reports, certifications or approvals from other governmental agencies and other data required by this code or by the department.

SUPERINTENDENT OF CONSTRUCTION (CONSTRUCTION SUPERINTENDENT). An individual, when authorized pursuant to department rules as qualified to superintend permitted construction work on behalf of the owner.

USE (USED). The purpose for which a building, structure, or space is occupied or utilized, unless otherwise indicated by the text. Use (used) shall be construed as if followed by the words "or is intended, arranged, or designed to be used."

UTILITY COMPANY OR PUBLIC UTILITY COMPANY. The term shall be construed to have the same meaning as that contained in section two of the New York state public service law.

UTILITY CORPORATION OR PUBLIC UTILITY CORPORATION. The term shall be construed to have the same meaning as that contained in section two of the New York state public service law.

WORK NOT CONSTITUTING MINOR ALTERATIONS OR ORDINARY REPAIRS. See section 28-105.4.2.1.

WRITING (WRITTEN). The term shall be construed to include handwriting, typewriting, printing, photo-offset, or any other form of reproduction in legible symbols or characters, including, in the discretion of the commissioner, electronic media.

WRITTEN NOTICE. A notification in writing delivered by hand to the person or parties intended, or delivered at or sent by mail or in the discretion of the commissioner by electronic media to the last address known to the party giving such notice.

ZONING RESOLUTION. The zoning resolution of the city of New York, adopted December fifteenth, nineteen hundred sixty-one, including all amendments thereto.

Where, in any specific case, different sections of this code specify different materials, methods of construction or other requirements, the most restrictive shall govern. Where a general requirement conflicts with a specific requirement, the specific requirement shall govern. Where British and metric units of measurement conflict, the British units shall govern.

The provisions of this code do not presumptively provide for matters that are contained in the charter, the New York state labor law, the New York state multiple dwelling law, the zoning resolution, or the New York state general city law. Where there is conflict or inconsistency between the requirements of this code and other applicable laws and rules, unless otherwise required, such conflict shall be resolved in favor of the more restrictive requirement.

If any clause, sentence, paragraph, section or part of this code shall be adjudged to be invalid, such judgment shall not affect, impair or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, or part thereof directly involved in the controversy in which such judgment shall have been rendered.

The lawful use or occupancy of any existing building or structure, including the use of any service equipment therein, may be continued unless a retroactive change is specifically required by the provisions of this code or other applicable laws or rules.

All enacted appendices are a part of the provisions of this code.

References to provisions of the building code of the city of New York or to chapter 1 of title 27 of the administrative code in other laws shall be deemed to refer to equivalent provisions of the 1968 building code or the New York city construction codes as the context in which such references appear may require.

This code shall be enforced by the commissioner of buildings, pursuant to the provisions of section six hundred forty-three of the New York city charter. However, the commissioner of small business services may also enforce all of the provisions of this code with respect to buildings under the jurisdiction of the department of small business services and the fire commissioner may also enforce all the provisions of this code relating to:

1. The approved number of persons in places of assembly (overcrowding);
2. Obstruction of aisles, corridors, and exits;
3. The posting and availability for inspection of certificates of occupancy or other authorization of lawful occupancy, certificates of compliance and place of assembly certificates of operation;
4. The maintenance of fire, smoke and carbon monoxide detection and alarm systems, fire extinguishing systems, refrigerating systems, storage tanks and auxiliary storage tanks for oil-burning equipment, exit signs and path markings, and any fire or life safety system, equipment or device intended for use by fire fighting personnel or whose use or operation is subject to the New York city fire code or other law or rule enforced by the New York city fire department, and any related installation and signage;
5. The installation and testing of fire alarm systems, smoke-detecting and carbon monoxide detecting devices that are interconnected with a fire alarm system or monitored by a central station, alternative automatic fire extinguishing systems, including but not limited to fire extinguishing systems for commercial cooking equipment, and fire protection plans;
6. Fire fighting equipment, access to and within premises upon or in which construction and demolition work is being conducted, and the conduct of all construction or demolition work affecting fire prevention and fire fighting;
7. Any exhaust system designed or used for commercial cooking equipment, when such commercial cooking equipment is required to be protected by a fire extinguishing system; and
8. The installation and testing of natural gas distribution piping systems designed for or operated at a gas pressure of 15 psig (103 kPa gauge) or greater.

*Section 28-103.1, Item #5 was amended by Local Law 195 of 2018. This law has an effective date of May 30, 2019.

This code shall be liberally interpreted to secure the beneficial purposes thereof.

The requirements and standards prescribed in this code shall be subject to variation in specific cases by the commissioner, or by the board of standards and appeals, under and pursuant to the provisions of paragraph two of subdivision (b) of section six hundred forty-five and section six hundred sixty-six of the New York city charter, as amended.

An appeal from any decision or interpretation of the commissioner may be taken to the board of standards and appeals pursuant to the procedures of the board, except as provided in section 25-204 of the administrative code or as otherwise provided in this code.

The commissioner may design and adopt a seal for the department for use in the authentication of the orders and proceedings of the department, and for such other purposes as the commissioner may prescribe. The courts shall take judicial notice of such seal, and of the signature of the commissioner, the deputy commissioners, and the borough superintendents of the department.

Proofs, affidavits and examinations as to any matter arising in connection with the performance of any of the duties of the department may be taken by or before the commissioner, or a deputy commissioner, or such other person as the commissioner may designate; and such commissioner, deputy or other person may administer oaths in connection therewith.

Upon request of the commissioner, it shall be the duty of all departments to cooperate with the department of buildings at all times, and to furnish to such department such information, reports and assistance as the commissioner may require.

Any matter or requirement essential for fire or structural safety or essential for the safety or health of the occupants or users of a structure or the public, and which is not covered by the provisions of this code or other applicable laws and rules, shall be subject to determination and requirements by the commissioner in specific cases.

Whenever there is insufficient evidence of compliance with the provisions of this code, or evidence that a material or method of construction does not conform to the requirements of this code, or in order to substantiate claims for alternative materials or methods, the commissioner shall have the authority to require tests as evidence of compliance to be made at no expense to the city. Test methods shall be as specified in this code, or by other recognized test standards approved by the commissioner. In the absence of recognized and accepted test methods, the commissioner shall approve the testing procedures. Tests shall be performed as directed by the commissioner. Reports of such tests shall be retained by the department for the period required for retention of public records.

Whenever this code or the rules of the department permits the use of material regulated in its use by this code or the 1968 building code without the prior approval of the commissioner, the commissioner may, in the interest of public safety, require the submittal of supporting documentation that any material used or proposed to be used complies with the applicable code standard for such use. Such supporting documentation may consist of but shall not be limited to certification documents of an approved agency, test reports, analysis, computations or other evidence of such compliance.

The department shall receive and review applications, construction documents, and other related documents and shall issue permits, in accordance with the provisions of this code. The department shall, on a weekly basis, send council members and community boards, by electronic mail, a copy of all completed applications for a new building or an alteration that will require a new certificate of occupancy for a building, received during the prior week, disaggregated by community board. In addition, the department shall post such information on its website on a weekly basis.

*Section 28-103.11 was amended by Local Law 10 of 2016. This law has an effective date of May 8, 2016.

Department personnel shall carry metal badges with suitable inscriptions thereon or other prescribed identification when inspecting structures or premises or otherwise in the performance of their duties under this code.

The commissioner or his or her authorized representatives, in the discharge of their duties, shall have the right to enter upon and inspect, at all reasonable times, any buildings, enclosure, premises, or any part thereof, or any signs or service equipment contained therein or attached thereto for the purpose of determining compliance with the provisions of this code and other applicable building laws and rules. Officers and employees of the department shall identify themselves by exhibiting the official badge or other identification prescribed by the department; and other authorized representatives of the commissioner shall identify themselves by producing and exhibiting their authority in writing signed by the commissioner. If access is not obtained, the commissioner shall have recourse to remedies provided by law to secure entry.

The department shall keep official records of applications received, permits and certificates issued, fees collected, reports of inspections, and notices and orders issued. Such records shall be retained in the official records for the period required for retention of public records.

The commissioner may require applicants for permits to obtain and furnish proof of workers' compensation, disability and general liability insurance in such amounts and in accordance with such specifications as shall be set forth in the rules of the department or as otherwise required by law.

In addition to other required inspections, the commissioner may make or require inspections of existing buildings, structures, signs, service equipment installations and construction machinery and equipment to ascertain compliance with the provisions of this code and other laws that are enforced by the department. Such inspections may be made on behalf of the department by officers and employees of the department and other city departments and governmental agencies; and by approved agencies, special inspectors or other persons when the commissioner is satisfied as to their qualifications and reliability. The commissioner may accept inspection and test reports from persons authorized by this code or by the commissioner to perform such inspections. Such reports shall be filed with the department.

It shall be unlawful for any officer or employee of the department to be engaged in conducting or carrying on business as an architect, engineer, carpenter, plumber, iron worker, mason or builder, or any other profession or business concerned with the construction, alteration, sale, rental, development, or equipment of buildings. It shall also be unlawful for such employees to be engaged in the manufacture or sale of automatic sprinklers, fire extinguishing apparatus, fire protection devices, fire prevention devices, devices relating to the means or adequacy of exit from buildings, or articles entering into the construction or alteration of buildings, or to act as agent for any person engaged in the manufacture or sale of such articles, or own stock in any corporation engaged in the manufacture or sale of such articles.

The commissioner shall cause all complaints to be investigated. For purposes of investigating complaints of violations of law enforced by the department, the commissioner may by rule establish a program to classify structures based on their enforcement history and may create criteria for such classification and assign enforcement resources accordingly.

The standards referenced in this code may be added to, deleted or modified pursuant to local law or by rule of the department. Every such rule adding, deleting or modifying a referenced standard shall indicate the promulgating agency of the standard, the standard identification, the effective date and title and the section or sections of this code to which such standard applies. The commissioner shall act in consultation with the fire commissioner on matters relating to fire safety.

Rules promulgated by the department in accordance with the law in effect when such rules were promulgated shall remain in effect for the matters covered to the extent that such rules are not inconsistent with this code unless, until and to the extent that such rules are amended or repealed by the department.

The commissioner shall, on a monthly basis, post on the department's website, in a machine-readable format, a list of every incident, reported to the department in accordance with section 28-103.21.1, that occurred on every construction site where construction work subject to permitting by the commissioner resulted in (i) a fatality to any individual, including a member of the general public or a construction worker, or (ii) an injury to any individual, including a member of the general public or a construction worker, that requires transport by emergency medical services or requires immediate emergency care at a hospital or offsite medical clinic, regardless of whether such incident involved a violation of this code or any other law or rule. Such list shall identify, at a minimum, the following information for each incident that the department is required to report on pursuant to this section:

1. The owner of the site where the incident occurred;
2. If the incident involved a construction worker, the name of the general contractor or the subcontractor who employed such worker at the time of the incident;
3. A detailed description of the incident, including the nature of the work being performed at the time of the incident;
4. Violations issued by the department as a result of the incident and to whom such violations were issued;
5. The number of persons injured and/or killed in the incident, and whether such persons were members of the public, construction workers or other persons;
6. If the incident involved an injury, a description of the type of injury;
7. Whether the incident involved a fatality;
8. The date and time of the incident;
9. The address where the incident occurred;
10. The total square footage of the site where the incident occurred;
11. The number of floors and height of the building involved where the incident occurred or, in the case of a new building, the proposed number of floors and proposed height;
12. A list of active permits issued by the department associated with the construction site where an incident occurred, disaggregated by type;
13. If the incident involved a construction worker, the length of time the injured or deceased worker had been employed by their employer at the time of the incident;
14. If the incident involved a construction worker, the number of hours the injured or deceased worker had been working when the incident occurred;
15. If the incident involved a construction worker, whether or not the injured or deceased worker was a union member; and
16. Whether or not the construction site where the incident occurred was a union site.

*Section 28-103.21 was amended by Local Law 78 of 2017. This law has an effective date of May 10, 2017.

The commissioner shall, through or in cooperation with the department of small business services, the department of consumer affairs, and other city agencies deemed appropriate, develop an outreach program to manufacturers and installers of security grilles, business improvement districts, local development corporations, chambers of commerce and community boards to alert these groups and the businesses that utilize security grilles of the permit requirements and the requirements of this section, the penalties associated with violation thereof and the availability of any business loans, grants or tax subsidies related to the installation or use of such security grilles.

*Section 28-103.22 was amended by Local Law 80 of 2020. This law has an effective date of August 28, 2020.

The commissioner shall create and make publicly available, in print and on the department's website, a manual explaining in detail the flood construction and protection requirements and standards applicable to the city. Such manual shall be made available in plain English and Spanish and in other languages as determined by the commissioner and shall be updated as necessary to reflect changes to applicable flood construction requirements and standards. Such manual shall include, but need not be limited to, a description and explanation of the following:

1. The materials requirements imposed by applicable flood construction requirements and standards, including the elements of structures subject to such material requirements;
2. The manner in which specific utilities and attendant equipment must be protected from flooding; and
3. The application of the flood construction and protection requirements and standards to existing structures.

The commissioner shall have the discretion to require that any document or payment submitted to the department be submitted and/or signed electronically.

Where the department receives applications for new construction of or conversions to transient hotels, as defined in the zoning resolution, the department shall provide written notice, or notice by electronic mail, of the proposed construction or conversion to:

1. The borough president of the borough in which such proposed construction is located;
2. The council member in whose district such proposed construction is located;
3. The community board of the community district in which such proposed construction is located; and
4. If such proposed construction involved land within two or more community districts in a borough, the borough board.

*Section 28-103.25 was added by Local Law 45 of 2015. This law has an effective date of November 13, 2015.

As soon as practicable after the issuance of an immediately hazardous or major violation of chapter 33 of the New York city building code, the commissioner shall report such violation to the federal occupational safety and health administration.

*Section 28-103.26 was added by Local Law 68 of 2017. This law has an effective date of September 7, 2017

For each building for which a permit for work has been issued, the commissioner shall post on the department's website a statement of whether the construction documents relating to such permit indicate that one or more dwelling units within such building will be occupied during such work.

*Section 28-103.27 was added by Local Law 158 of 2017. This law has an effective date of August 30, 2018.

The commissioner shall convene and provide staff for an SST task force in accordance with the following: *Section 28-103.28 was added by Local Law 196 of 2017. This law has an effective date of October 16, 2017.

No later than three months after the end of each fiscal year, the commissioner shall report to the mayor and the speaker of the council, and make publicly available online, a report on implementation of section 3321 of the New York city building code. In addition to any information the commissioner deems relevant, such report shall include: **Section 28-103.29 was added by Local Law 196 of 2017. This law has an effective date of October 16, 2017. Section 28-103.29 was amended by Local Law 219 of 2019. This law has an effective date of December 15, 2019.

There is hereby established within the department a real time enforcement unit. Such unit and an agency that is delegated authority by the commissioner shall be responsible for enforcing the construction codes with respect to:

1. occupied multiple dwellings with complaints related to work without a permit; and
2. occupied multiple dwellings with valid permits for (i) the alteration of 10 percent or more of the existing floor surface area of the building or (ii) an addition to the building.

**Section 28-103.30 was added by Local Law 188 of 2017. This law has an effective date of February 13, 2018 and was renumbered by Local Law 233 of 2017. This law has an effective date of December 1, 2018.

In October of each year, the commissioner shall electronically submit to the city council and post on the department's website a report that includes the following information regarding site safety managers and site safety coordinators:

1. The (i) number of active site safety manager certificates and (ii) number of active site safety coordinator certificates;
2. The (i) number of active site safety manager certificates on the last day of the preceding year and (ii) number of active site safety coordinator certificates on the last day of the preceding year;
3. The (i) number of sites for which a site safety manager was required by this code during the preceding year and (ii) number of such sites for which a site safety manager was required by this code but for which a site safety coordinator may be designated in lieu of such manager pursuant to the exception to section 3310.5 of the New York city building code;
4. The (i) number of site safety manager certificates issued in the preceding year and (ii) number of site safety coordinator certificates issued in the preceding year;
5. The (i) number of applicants for site safety manager certificates who submitted applications during the preceding year and (ii) number of applicants for site safety coordinator certificates who submitted applications during the preceding year;
6. The (i) average length of time for an applicant who submitted an application for a site safety manager certificate during the preceding year to receive such certificate, measured from the date a completed application is submitted to the department and (ii) average length of time for an applicant who submitted an application for a site safety coordinator certificate during the preceding year to receive such certificate, measured from the date a completed application is submitted to the department; and
7. The (i) average length of time for an applicant who submitted an application for a site safety manager certificate during the preceding year to complete a background check, if any, for such certificate, measured from the date such applicant submitted all documentation necessary to complete such check, (ii) average length of time for an applicant who submitted an application for a site safety coordinator certificate during the preceding year to complete a background check, if any, for such certificate, measured from the date such applicant submitted all documentation necessary to complete such check (iii) the main three reasons for completions of background checks for applicants who submitted applications for site safety manager certificates during the preceding year exceeding the average length of time for completion of such background checks and (iv) the main three reasons for completions of background checks for applicants who submitted applications for site safety coordinator certificates during the preceding year exceeding the average length of time for completion of such background checks.

*Section 28-103.31 was added by Local Law 224 of 2017. This law has an effective date of December 1, 2017.

The department, in conjunction with (i) the mayor's office of immigrant affairs, (ii) the commission on human rights, (iii) the department of consumer affairs, (iv) the department of health and mental hygiene, (v) the department of small business services, (vi) the department of citywide administrative services and (vii) any other office or agency designated by the mayor, shall conduct education and outreach to increase awareness of sections 403.2.1 and 403.4 of the New York city plumbing code, regarding single-occupant toilet room requirements. Such education and outreach shall be tailored to business owners, and shall, at a minimum, include educational materialsconcerning such single-occupant toilet room requirements and the related posting and signage requirements, including samples of acceptable signage. Such materials and sample signage shall be available in the designated citywide languages as defined in section 23-1101. Information concerning such requirements shall also be made available on the department's website.

*Section 28-103.32 was added by Local Law 190 of 2018. This law has an effective date of December 1, 2018.

**Section 28-103.32 was amended by Local Law 80 of 2020. This law has an effective date of August 28, 2020.

There is hereby established within the department an office of alternative energy.

**Section 28-103.33 was added by Local Law 233 of 2017. This law has an effective date of December 1, 2018 and was renumbered by Local Law 93 of 2019. This law has an effective date of September 16, 2019.

All applicants, licensees, permit holders, and any other person or entity that submits any report or certification or seeks or receives any approval or authorization from the department shall provide to the department an active electronic mail address for purposes of receiving communications from the department, except where another method of communication is authorized by the commissioner. It shall be the responsibility of the applicant, licensee, permit holder or other person or entity to monitor and maintain an electronic mail address and notify the department of any changes.

The department shall provide, free of charge, a service allowing users to register to receive an automated e-mail notification each time a change in status is recorded with respect to one or more construction projects, selected by such user. Such electronic mail notifications shall include any update to work permits issued by the department for each such selected construction project, including issuance of any stop work order issued pursuant to section 28-207.2.

*Section 28-103.35 was added by Local Law 59 of 2019. This law has an effective date of September 27, 2019.

The department shall issue, and update as necessary, bird friendly building design and construction requirements. No later than October 1, 2020, the department shall post on its website such requirements and information about compliance with section 1403.8 of the New York city building code.

*Section 28-103.36 was added by Local Law 15 of 2020. This law has an effective date of January 10, 2021.

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.

The department shall assign an application 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 or persons working under the supervision of such registered design professionals. The department shall provide written notification to owners of adjoining property at the time such application is submitted.

*Section 28-104.2 was amended by New York State Laws of 2018 Chapter 217. This law has an effective date of August 24, 2018.

Subject to the time limitations set forth in this code, amendments to approved construction documents shall be submitted, reviewed and approved before 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. All other revisions of construction documents shall be submitted and approved prior to commencing the work effectuating such revisions.

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.

Filing fees shall be paid as required by article 112.

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 oil-burning appliance alterations, limited plumbing alterations, limited sprinkler alterations, and limited standpipe alterations (limited alteration application)] alteration applications, 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. Applications for work falling within the practice of landscape architecture as defined by the New York state education law, including but not limited to landscaping and vegetation plans, tree protection plans, erosion and sedimentation plans, grading and drainage plans, curb cuts, pavement plans, and site plans for urban plazas and parking lots, where the applicant is a landscape architect. Landscape architects shall not file plans for stormwater management and plumbing systems;
5. Other categories of work consistent with rules promulgated by the commissioner.

All construction documents submitted to the department shall contain such information and shall be in such form as shall be set forth in 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.

All applications shall comply with sections 28-104.8.1 through 28-104.8.3.

*Section 28-104.8 was amended by Local Law 106 of 2019. This law has an effective date of March 8, 2020.

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.

Construction documents shall not be approved unless all applicable agency approvals from the New York city transit authority, the Metropolitan Transportation Authority or the Port Authority of New York and New Jersey, as provided for in section 3304.3.5 of the New York city building code have been submitted to the department.

Construction documentsfor sites that are covered development projects as defined in section 24-541 of the administrative code shall comply with section 28-104.11.1 through 28-104.11.4.

*Section 28-104.11 was added by Local Law 97 of 2017.This law has an effective date of June 1, 2019.

**Section 28-104.11 was amended by Local Law 91 of 2020. This law has an effective date of March 26, 2021.

An applicant shall retain one set of approved construction documents, submittal documents and any other documents required by department rule for a period of not less than six years from the date of completion of the permitted work.

Where an owner of a new or altered taller building is required by section 2113 of the New York city building code, section 801 of the New York city mechanical code or section 501 of the New York city fuel gas code to extend, alter or relocate an existing chimney or vent on an affected building, such work shall be filed under a separate application for the affected building.

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, to change the use or occupancy of an open lot or portion thereof, 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, fire suppression or fire protection system in or in connection therewith or to cause any such work to be done unless and until a written permit therefor 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.

For the purposes of this code, work permits shall be classified as follows:

1. New building permits: for the construction of new buildings, including as provided for in section 28-101.4.5.
2. Alteration permits: for the alteration of buildings or structures, including new and existing sign structures and partial demolition in conjunction with such buildings or structures.
3. Foundation and earthwork permits: for the construction or alteration of foundations, including earthwork, excavation, fill, and foundation insulation.
4. Earthwork permits: for work solely involving earthwork, excavation, or fill operations.
5. Full demolition permits: for the full demolition and removal of buildings or structures.
6. Plumbing permits: for the installation or alteration of plumbing and plumbing systems, including gas piping. Such permits shall include permits for limited plumbing alterations.
7. Sign permits: for the erection, installation, display or alteration of signs.
8. 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, dumbwaiters, mobile boilers and mobile oil tanks. Such permits shall include permits for limited oil-burning appliance alterations.
9. Temporary construction installation permits: for the erection, installation and use of temporary construction installations to facilitate construction and/or safety during construction, including but not limited to temporary fences, railings, catch platforms, over-the-sidewalk chutes, footbridges, sidewalk sheds, and scaffolds.
10. Fire protection and suppression system permits: for the installation and alteration of fire protection and suppression systems, including sprinkler systems and standpipe systems. Such permits shall include permits for limited sprinkler alterations and limited standpipe alterations.
11. Crane and derrick permits: for the use of power operated cranes and derricks during construction.
12. Temporary structure permits and temporary use authorizations: for temporary structures and uses, see article 111.

*Section 28-105.2, Item #10 was amended by Local Law 195 of 2018. This law has an effective date of May 30, 2019.

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.

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 any 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. Geotechnical investigations, as set forth in section 28-105.4.6.
7. The installation, alteration or removal of alternative automatic fire extinguishing systems, including but not limited to fire extinguishing systems for commercial cooking equipment, subject to the approval of the fire department in accordance with section 105 of the New York city fire code.
8. The installation, alteration or removal of fire alarm systems, emergency alarm systems and fire department in-building auxiliary radio communication systems, subject to the approval of the fire department in accordance with the requirements of this code. Such work shall be submitted in accordance with the rules and regulations of the fire department.
9. Other categories of work as described in department rules, consistent with public safety.

*Section 28-105.4 was amended by Local Law 195 of 2018. This law has an effective date of May 30, 2019.

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 project. 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). The department shall provide written notification to owners of adjoining property at the time such application is submitted.

*Section 28-105.5 was amended by New York State Laws of 2018 Chapter 217. This law has an effective date of August 24, 2018.

Applications for permits shall be accompanied by the payment of appropriate fees as provided for in article 112.

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.

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.

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. Subsequent to the 12-month period following the issuance of the initial permit, all permits shall expire if the permitted work is suspended or abandoned for a continuous period of 12 months unless such permits expire earlier pursuant to applicable provisions of this code. 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 or if the permit is not renewed.

The commissioner is authorized to suspend or revoke a permit issued under the provisions of this code.

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. The permit shall identify whether any dwelling unit within such building will be occupied during the work. If dwelling units within such building will be occupied during the work, the permit shall indicate the total number of dwelling units that will be occupied.


*Section 28-105.11 was amended by Local Law 158 of 2017. This law has an effective date of August 30, 2018.

Permits shall be subject to the following conditions:

The commissioner shall not issue a permit for the demolition or alteration of a building constructed pursuant to plans submitted for approval on or before April 1, 1987, unless the applicant submits such certification relating to asbestos as may be required by the rules of the New York city department of environmental protection or the commissioner of environmental protection has issued a variance.

Notwithstanding any other provision of this code, the construction and maintenance of asbestos containment structures, decontamination system enclosures and other temporary structures or work performed in the course of and only for the purpose of asbestos abatement activities shall comply with this section and the rules of the New York city department of environmental protection relating to such temporary structures and work and with article 30 of the New York state labor law and rules adopted pursuant to such article.

Except as otherwise provided by rule, work performed in the course of and only for the purpose of an asbestos project that is required to be permitted pursuant to section 24-138 of the administrative code shall be exempt from the permit requirements of this code.

*Section 28-106.3 was amended by Local Law 38 of 2015. This law has an effective date of May 6, 2016.

For the purposes of this article, the terms "asbestos" and "asbestos project" shall have the meanings as are ascribed in section 24-136 of the administrative code.

*Section 28-106.4 was amended by Local Law 38 of 2015. This law has an effective date of May 6, 2016.

The commissioner shall not approve construction documents, nor issue an initial or reinstated permit in connection therewith, for the alteration or demolition of a single room occupancy multiple dwelling except as set forth in this article. Applications for post approval amendments to construction documents are subject to this article where the application proposes a change within a covered category of work as set forth in section 28-107.3.

The following words and terms shall, for the purposes of this article and elsewhere in the code, have the meanings shown herein.

CLASS A MULTIPLE DWELLING, CLASS B MULTIPLE DWELLING, FURNISHED ROOM HOUSE, ROOMING UNIT AND SINGLE ROOM OCCUPANCY. Shall have the meanings set forth in section 27-2004 of the New York city housing maintenance code.

SINGLE ROOM OCCUPANCY MULTIPLE DWELLING. A single room occupancy multiple dwelling means:

1. A "class A multiple dwelling" used in whole or part as a "rooming house" or "furnished room house," or for "single room occupancy" pursuant to section 248 of the New York state multiple dwelling law;
2. A "class A multiple dwelling" containing "rooming units"; or
3. A "class B multiple dwelling."

Applications for the approval of construction documents for the following categories of work are covered by this article:

1. Demolition of a single room occupancy multiple dwelling;
2. Alteration of a single room occupancy multiple dwelling to a class A multiple dwelling to be used in whole or in part for other than single room occupancy purposes;
3. Alteration of a single room occupancy multiple dwelling resulting in the removal or addition of kitchen or bathroom facilities; and
4. Such other types of alteration work to a single room occupancy multiple dwelling as shall be prescribed by rule of the commissioner of housing preservation and development, in consultation with the commissioner.

Exceptions:

1. Work solely for the purpose of either (i) making the public areas of a multiple dwelling accessible to persons with disabilities without altering the configuration of any dwelling unit or rooming unit or (ii) making the interior or the entrance to a dwelling unit or a rooming unit accessible to persons with disabilities shall not be covered by this article.
2. Repairs, demolition or any other work performed by a city agency or by a contractor pursuant to a contract with a city agency shall not be covered by this article.

The commissioner shall not approve any construction documents, nor issue an initial or reinstated permit in connection therewith, for a single room occupancy multiple dwelling for the covered categories of work unless the applicant provides:

Applications for a certification of no harassment shall be made pursuant to section 27-2093 of the New York city housing maintenance code.

The time period in which the commissioner is required to approve or reject an application for construction document approval or resubmission thereof pursuant to this code shall commence from the date that the commissioner receives either the certification or waiver pursuant to this article.

Where the commissioner of housing preservation and development denies the certification required by this article, the commissioner shall reject the application for construction document approval.

The commissioner shall be empowered to issue a stop-work notice or order with respect to an alteration or demolition permit and/or to rescind approval of construction documents at the request of the commissioner of housing preservation and development pursuant to section 27-2093 of the New York city housing maintenance code.

Where the commissioner rejects or rescinds the approval of construction documents pursuant to this article, no further application for the covered categories of work shall be considered by the commissioner for a period of 36 months following the date of the denial of the certification of no harassment by the commissioner of housing preservation and development or the date of the rescission of such certification of no harassment by such commissioner.

The commissioner shall not issue a permit for the erection of a new building, use of an open lot or for alterations that will require the issuance of a new or amended certificate of occupancy without a statement that no certificate of occupancy shall be issued unless the sidewalk, curb and/or roadway in front of or abutting such building, including but not limited to the intersection quadrants for corner properties, shall have been paved, repaired or installed by the owner, at his or her own cost, in the manner, of the materials, and in accordance with the New York city building code, the New York city zoning resolution, and the standards prescribed by the New York city department of transportation pursuant to sections 19-113 and 19-115 of the administrative code.

Construction documents shall include a pavement plan processed and approved under guidelines established by the department. The pavement plan shall include documentation sufficient to show compliance with the New York city building code, the New York city zoning resolution, and the standards prescribed by the New York city department of transportation pursuant to sections 19-113 and 19-115 of the administrative code.

The commissioner shall insure that streets are suitably improved in accordance with the standards prescribed by the department of transportation as required by subdivision 2 of section 36 of the New York state general city law and shall otherwise carry out the provisions of such subdivision.

New building and alteration applications for covered buildings as set forth in section 28-109.2 shall include a fire protection plan prepared by or under the supervision of a registered design professional who shall professionally certify such plan. Such plan shall be submitted for review and approval by the fire department for compliance with this code prior to issuance of a certificate of occupancy, a temporary certificate of occupancy or a letter of completion, as applicable. The fire protection plan shall be submitted in accordance with the rules and regulations of the fire department.

*Section 28-109.1 was amended by Local Law 195 of 2018. This law has an effective date of May 30, 2019.

Covered buildings include:

1. High-rise buildings as described in section 403 of the New York city building code.
2. Occupancy groups B, E, F, H, M or S occupying two or more stories with over 20,000 gross square feet (1858 m²) of floor area per floor, or occupying two or more stories in a building with a total floor area exceeding 50,000 gross square feet (4645 m²).
3. Any building containing an assembly occupancy having an occupant load of 300 or more persons.
4. Occupancy group I or R-1 occupying two or more stories and containing sleeping accommodations for 30 or more persons.
5. Occupancy group R-2 occupancies containing 30 or more dwelling units in a building where over 10,000 gross square feet (929 m²) of floor area is occupied by occupancy group A, E, M or I.
6. Covered mall buildings and open mall buildings designed pursuant to section 402 of the New York city building code.

The plan shall include the following information, where applicable:

Where a site safety plan is required by chapter 33 of the New York city building code, such plan shall include the following, as applicable:

1. Site conditions and surrounding property, utilities and infrastructure;
2. Streets, sidewalks, pedestrian protection, fences, gates and pedestrian and traffic control;
3. Adjoining property protection, including but not limited to roof protection, yard protection and window protection;
4. Unenclosed perimeter protection, including but not limited to netting systems, cocoon systems and engineered enclosure systems;
5. Excavations, including but not limited to location of excavations, guardrails, protection of sides of excavations or underpinning, and ladders, ramps and other means of egress from the excavation;
6. Fire protection, including but not limited to location of hydrants, fire extinguishers, standpipes and fire department hose connections;
7. Temporary construction installations and equipment, including but not limited to scaffolds, runback structures, material hoists, personnel hoists, hoisting machines, cranes, derricks, mast climbers, excavators, earth movers, drill rigs, concrete pumpers, chutes, contractor sheds or offices and portable sanitation;
8. Means of egress from the jobsite, both permanent and temporary;
9. Location of security guard and watchperson stations;
10. Means of securing controlled access zones;
11. Debris and material storage areas/loading zones;
12. Material handling plan for crane operations if crane operations come into conflict with hoist operations;
13. In occupied buildings, means and methods employed to protect all tenants from the adverse effect of construction operations;
14. For work related to the alteration, maintenance, or repair of a façade, means and methods of getting material and debris to and from the work area. Means to separate debris and materials from occupants of the building must be indicated;
15. For work related to the alteration, maintenance, or repair of a façade, means and methods, including ladders, used by workers to access scaffolds, sidewalk sheds and the work area;
16. Features requiring special sequencing in order to maintain safe conditions, with a written description of those sequences;
17. A note indicating that prior to performing any work on the project all workers must successfully complete the training required by section 3321 of the New York city building code; and
18. A note indicating that all workers employed on the construction site must receive a site-specific orientation program as required by section 3301.11 of the New York city building code.

Multiple layouts of the site safety features enumerated in section 28-110.1 may be submitted at any time during construction operations to show phased site safety designs consistent with the phase of anticipated work.

The erection of certain temporary structures and temporary uses may be authorized as set forth in sections 28-111.1.1 and 28-111.1.2.

Temporary structures and uses shall conform to the structural strength, fire safety, means of egress, accessibility, light, ventilation and sanitary requirements of this code as necessary to ensure the public health, safety and general welfare.

The commissioner is authorized to terminate such permit or letter of authorization and to order the temporary structure or use to be discontinued.

Application for such structures and uses shall be submitted to the department no later than 15 business days prior to the construction of the temporary structure or the commencement of the temporary use.

Applications for such permits shall be accompanied by the applicable fees in accordance with article 112. Fees for subsequent requests for renewals shall be paid upon approval of such requests.

Notwithstanding any inconsistent provision of this article, the use of a temporary structure or the temporary use of space as a place of assembly shall require a temporary place of assembly certificate of operation issued pursuant to section 28-117.2.

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 current deed holder 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.

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 $100, or the total fee for the work permit where such fee is less than $100, 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	FILING FEE	RENEWAL FEE	COMMENTS
New Buildings
New building work permit: One-, two- or three-family dwelling, where no existing building elements are to be retained in place as part of the new building.	$0.06 for each square foot, or fraction thereof, of the total floor area of the new building, but not less than $130 for each structure. The rates and fees set forth above shall be subject to increases as provided by department rules.	$130 per work type	For the purposes of this fee schedule item, "building elements" means any portion of an existing building or structure, including but not limited to party walls, foundations, footings, piles and slabs on grade.
Subsequent applications related to initial new building work permit application, filed prior to the first temporary certificate of occupancy (TCO), or the final certificate of occupancy if no TCO is issued.	$130	$130 per work type
New building work permit: One-, two- or three-family dwelling, where any existing building elements are to be retained in place as part of the new building, pursuant to section 28-101.4.5.	Minimum Filing Fee — $130 Minimum filing fee for the first $5,000 or fraction thereof, of the cost of alteration; plus $2.60 for each $1,000, or fraction thereof, of cost of alterations in excess of $5,000. The rates and fees set forth above shall be subject to increases as provided by department rules.	$130 per work type	For the purposes of this fee schedule item, "building elements" means any portion of an existing building or structure, including but not limited to party walls, foundations, footings, piles and slabs on grade.
New building work 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.	$130	$130 per work type
New building work permit: All other new buildings fewer than 7 stories and less than 100,000 square feet, where no existing building elements are to be retained in place as part of the new building.	$0.26 for each square foot, or fraction thereof, of the total floor area of the new building, but not less than $280 for each structure. The rates and fees set forth above shall be subject to increases as provided by department rules.	$130 per work type	For the purposes of this fee schedule item, "building elements" means any portion of an existing building or structure, including but not limited to party walls, foundations, footings, piles and slabs on grade.
Subsequent applications related to initial new building work permit application, filed prior to the first temporary certificate of occupancy (TCO), or the final certificate of occupancy if no TCO is issued.	$130	$130 per work type
New building work permit: All other new buildings fewer than 7 stories and less than 100,000 square feet, where any existing building elements are to be retained in place as part of the new building, pursuant to section 28-101.4.5.	Minimum Filing Fee - $280 Minimum filing fee for the first $3,000, or fraction thereof, of the cost of alteration; plus $10.30 for each $1,000, or fraction thereof, of the alteration cost in excess of $3,000. The rates and fees set forth above shall be subject to increases as provided by department rules.	$130 per work type	For the purposes of this fee schedule item, "building elements" means any portion of an existing building or structure, including but not limited to party walls, foundations, footings, piles and slabs on grade.
New building work permit: All other new buildings 7 stories or more or 100,000 square feet or more, classified in occupancy group R-2, where at least 50 percent of the occupancy units are affordable to households whose income is less than 165 percent of the area median income for New York city, as determined by the United States department of housing and urban development or successor agency, which are financed entirely or in part by a grant or loan from the city of New York or the New York city housing and development corporation, and where no existing building elements are to be retained in place as part of the new building.	$0.26 for each square foot, or fraction thereof, of the total floor area of the new building, but not less than $130 for each structure, The rates and fees set forth above shall be subject to increases as provided by department rules.	$130 per work type	For the purposes of this fee schedule item, "building elements" means any portion of an existing building or structure, including but not limited to party walls, foundations, footings, piles and slabs on grade.
Subsequent applications related to initial new building work permit application, filed prior to the first temporary certificate of occupancy (TCO), or the final certificate of occupancy if no TCO is issued	$130	$130 per work type
New building work permit: All other new buildings 7 stories or more 100,000 square feet or more, classified in occupancy group R-2, where at least 50 percent of the occupancy units are affordable to households whose income is less than 165 percent of the area median income for New York city, as determined by the United States department of housing and urban development or successor agency, which are financed entirely or in part by a grant or loan from the city of New York or the New York city housing and development corporation, and where any existing building elements are to be retained in place as part of the new building, pursuant to section 28-101.4.5.	Minimum Filing Fee - $280 Minimum filing fee for the first $3,000 or fraction thereof, of the cost of alteration; plus $10.30 for each $1,000, or fraction thereof, of the alteration cost in excess of $3,000. The rates and fees set forth above shall be subject to increases as provided by department rules.	$130 per work type	For the purposes of this fee schedule item, "building elements" means any portion of an existing building or structure, including but not limited to party walls, foundations, footings, piles and slabs on grade.
New building work permit: All other new buildings 7 stories or more, or 100,000 square feet or more, where no existing building elements are to be retained in place as part of the new building.	$0.45 for each square foot, or fraction thereof, of the total floor area of the new building, but not less than $290 for each structure. The rates and fees set forth above shall be subject to increases as provided by department rules.	$130 per work type	For the purposes of this fee schedule item, "building elements" means any portion of an existing building or structure, including but not limited to party walls, foundations, footings, piles and slabs on grade.
Subsequent applications related to initial new building work permit application, filed prior to the first temporary certificate of occupancy (TCO), or the final certificate of occupancy if no TCO is issued	$130	$130 per work type
New building work permit: All other new buildings 7 stories or more, or 100,000 square feet or more, where any existing building elements are to be retained in place as part of the new building, pursuant to section 28-101.4.5.	Minimum Filing Fee - $290 Minimum filing fee for the first $3,000, or fraction thereof, of the cost of alteration; plus $17.75 for each $1,000, or fraction thereof, of the alteration cost in excess of $3,000. The rates and fees set forth above shall be subject to increases as provided by department rules.	$130 per work type	For the purposes of this fee schedule item, "building elements" means any portion of an existing building or structure, including but not limited to party walls, foundations, footings, piles and slabs on grade.
Alterations
Alteration work permit: One-, two- or three-family dwelling		$130 per work type
Alteration Type 1	Minimum Filing Fee - $170
Alteration Type 2	Minimum Filing Fee - $130
Alteration Type 3	Minimum Filing Fee - $130
Limited Alteration Application	Minimum Filing Fee - $130 Minimum filing fee for the first $5,000, or fraction thereof, of the cost of alteration; plus $2.60 for each $1,000, or fraction thereof, of cost of alterations in excess of $5,000. The rates and fees set forth above shall be subject to increases as provided by department rules.
Alteration work permit: Alterations in all other buildings and structures fewer than 7 stories and less than 100,000 square feet, including but not limited to aerial towers and masts, tank structures, fire escapes, etc., which are unoccupied and not easily valued by area.		$130 per work type	Such alterations work shall include: Applications related to new building work permit application, filed after the first temporary certificate 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.
Alteration Type 1	Minimum Filing Fee - $280
Alteration Type 2	Minimum Filing Fee - $225
Alteration Type 3	Minimum Filing Fee - $195
Limited Alteration Application	Minimum Filing Fee - $195 Minimum filing fee for the first $3,000, or fraction thereof, of the cost of alteration; plus $10.30 for each $1,000, or fraction thereof, of the alteration cost in excess of $3,000. The rates and fees set forth above shall be subject to increases as provided by department rules.
Alteration work permit: Alterations in all other buildings and structures 7 stories or more, or 100,000 square feet or more, classified in occupancy group R-2, which are unoccupied and not easily valued by area, where at least 50 percent of the occupancy units are affordable to households whose income is less than 165 percent of the area median income for New York city, as determined by the United States department of housing and urban development or successor agency, and which are financed entirely or in part by a grant or loan from the city of New York or the New York city housing and development corporation.		$130 per work type	Such alterations work shall include: Applications related to new building work permit application, filed after the first temporary certificate 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.
Alteration Type 1	Minimum Filing Fee - $280
Alteration Type 2	Minimum Filing Fee - $225
Alteration Type 3	Minimum Filing Fee - $195
Limited Alteration Application	Minimum Filing Fee - $195 Minimum filing fee for the first $3,000, or fraction thereof, of the cost of alteration; plus $10.30 for each $1,000, or fraction thereof, of the alteration cost in excess of $3,000. The rates and fees set forth above shall be subject to increases as provided by department rules.
Alteration work permit: Alterations in all other buildings and structures 7 stories or more, or 100,000 square feet or more, including but not limited to aerial towers and masts, tank structures, fire escapes, etc., which are unoccupied and not easily valued by area.			Such alterations work shall include: Applications related to new building work permit application, filed after the first temporary certificate of occupancy (TCO), or the final certificate of occupancy if no TCO is issued. Installation or alteration of elevators, escalators, amusement devices regulated under this code, except those filed under a new building application.
Alteration Type 1	Minimum Filing Fee - $290	$130 per work type
Subsequent or related filings	Minimum Filing Fee - $290 Minimum filing fee for the first $3,000, or fraction thereof, of the cost of alteration; plus $17.75 for each $1,000, or fraction thereof, of the alteration cost in excess of $3,000. The rates and fees set forth above shall be subject to increases as provided by department rules.
Alteration work permit: Alterations in all other buildings and structures 7 stories or more, or 100,000 square feet or more, including but not limited to aerial towers and masts, tank structures, fire escapes, etc., which are unoccupied and not easily valued by area.		$130 per work type	Such alterations work shall include: Applications related to new building work permit application, filed after the first temporary certificate 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.
Alteration Type 2	Minimum Filing Fee - $225
Alteration Type 3	Minimum Filing Fee - $195
Limited Alteration Application	Minimum Filing Fee - $195 Minimum filing fee for the first $3,000, or fraction thereof, of the cost of alteration; plus $10.30 for each $1,000, or fraction thereof, of the alteration cost in excess of $3,000. The rates and fees set forth above shall be subject to increases as provided by department rules.
Permit to install or alter service equipment except plumbing and fire suppression piping service equipment.	Filing fee calculated as for respective building alteration.	$130
Permit to install, alter or replace oil-burning equipment, gas or electric heating or any other energy source equipment.	$130 (Per Type, Device, or Equipment)	$130 (Per Type, Device or Equipment)
Other
Permit for foundation, earthwork or open space without roof, whether enclosed or unenclosed, on sites such as parking lots, gasoline or oil-selling stations, storage yards, sales or exhibition or show spaces used for generally similar purposes.	$10 for each two thousand square feet of area or fraction thereof, but not less than $130.	$130
Permit for golf driving range.	$7.50 for each twenty thousand square feet of area or fraction thereof, but not less than $130.	$130
Accessory building to golf driving range, not to exceed 144 square feet.	$130	$130
Permit for demolition and removal.	Multiply building frontage in feet or fraction thereof × number of stories of the building × $2.60, but not less than $260. For corner lot, use the longer building frontage.	$130
Curb cut, private dwelling	$3 for each linear foot including splay; minimum $130
Curb cut, other	$6 for each linear foot including splay; minimum $130
Amendments
Filing of amendments to active applications and active permits.	As provided by rule.
Signs
Permit to erect, install or alter sign: Ground sign, wall sign, or any sign mounted to the wall or any other structure.	Filing fee calculated as for respective building alteration, plus $5 for each one hundred square feet of surface area or fraction thereof, but not less than $35.	$130	Each face of any sign, when fronting on different streets, shall be treated as a separate sign.
Permit to erect, install or alter sign: Roof sign having a tight, closed or solid surface.	Filing fee calculated as for respective building alteration; plus $15 for each $100 square feet of surface area, or fraction thereof, but not less than $70.	$130	Each face of any sign, when fronting on different streets, shall be treated as a separate sign.
Permit to erect, install or alter sign: Roof sign without a tight, closed or solid surface, extending to a height of not more than 31 feet above roof level.	Filing fee calculated as for respective building alteration; plus $15 for each 100 square feet of surface area, or fraction thereof, but not less than $130.	$130	Each face of any sign, when fronting on different streets, shall be treated as a separate sign.
Permit to erect, install or alter sign: Roof sign without a tight, closed or solid surface, extending to a height over 31 feet above roof level.	Filing fee calculated as for respective building alteration; plus $25 for each 100 square feet of area, or fraction thereof, but not less than $135.	$130	Each face of any sign, when fronting on different streets, shall be treated as a separate sign.
Permit to erect, install or alter sign: Illuminated sign on storefront or wall or any other structure projecting beyond street line having 30 square feet or less on one side.	Filing fee calculated as for respective building alteration.	$130	Illuminated sign is subject to annual use fee: $45.
Permit to erect, install or alter sign: Illuminated sign on storefront or wall or any other structure projecting beyond street line having more than thirty square feet but no more than 50 square feet on one side.	Filing fee calculated as for respective building alteration.	$130	Illuminated sign is subject to annual use fee: $70.
Permit to erect, install or alter sign: Illuminated sign on storefront or wall or any other structure projecting beyond street line and having more than 50 square feet on one side.	Filing fee calculated as for respective building alteration.	$130	Illuminated sign is subject to annual use fee: $.075 for each square foot or part thereof annually, but not less than $130.
Maintenance permit for outdoor signs.	As provided by department rules.
Temporary Structures and Construction Installations
Sidewalk shed	$160 for the first 25 feet or fraction thereof in the length of the shed; plus $10 for each additional 25 feet or fraction thereof.	$130
Scaffold	$160	$130
Construction Fence	$160	$130
Permit for temporary shed, railing, footbridge, catch platform, building sidewalk shanty, over-the-sidewalk chute.	$160 for each permit.	$130
Permit for temporary structure other than those  listed above, including but not limited to tents, grandstands, stages.	For the initial 30 days of permit duration: $130 for the first 1,000 square feet or fraction thereof; plus $0.10 for each square foot or fraction thereof in excess of one thousand square feet; $130 for each additional 30 day period of permit duration.	$130 for each additional 30 days.
Reinstatement of Applications/Permits
Application reinstatement fees:
Following first permit issuance but prior to commencing work.	Full fee at the rate in effect on the date of reinstatement.
Following first permit, with work partially complete.	Full fee at the rate in effect on the date of reinstatement.
Reinstatement of an abandoned application.	Based upon the full fee at the rate in effect on the date of reinstatement, the percentage of the fee equal to the percentage of work remaining, as determined by the department inspector.
Permit reinstatement fees:
Following first permit issuance but prior to commencing work and more than 1 year since filing.	Full fee at the rate in effect on the date of reinstatement.
Following first permit, but more than 1 year with work partially complete.	Based upon the full fee at the rate in effect on the date of reinstatement, the percentage of the fee equal to the percentage of work remaining as determined by the department inspector, plus the renewal fee.
Following first permit, more than 1 year after work suspended or abandoned.	Based upon the full fee at the rate in effect on the date of reinstatement, the percentage of the fee equal to the percentage of work remaining as determined by the department inspector, plus the renewal fee.
Work permit within a period of 2 years from the date of issuance, solely for the purpose of sign-off, including correction of defects noted in a final inspection as provided in section 28-116.2.4.	Based upon the full fee at the rate in effect on the date of reinstatement, the percentage of the fee equal to the percentage of work remaining as determined by the department inspector, plus the renewal fee.
More than 2 years with code/zone change during this period (e.g., job application was originally filed under 1968 Code and job must be filed in 2014 Code).	Re-file job application and pay full filing fee.

*Table 28-112.2 was amended by Local Law 56 of 2016. This law has an effective date of June 9, 2016.

An estimate of the cost of construction shall be provided at the time of application for construction document approval or, where no construction documents are required, at the time of application for a permit. Such costs shall include the total value of work proposed, including but not limited to materials, equipment and labor, with reasonable allowances for profit and overhead. If, in the opinion of the department, the cost is underestimated, the application shall be denied, unless the applicant can show detailed estimates to meet the approval of the department. A final statement with the total actual cost of construction, as built or installed, shall be submitted prior to sign-off. The initial, amended and final building permit valuation shall be set by the department.

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.

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.

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.

Aside from the fees covered under permit fees above, the following inspection and report filing fees shall be paid according to requirements of this code and as promulgated in rules.

Special fees are charged for services that are not covered in the fees for permits, equipment, reports and inspection. The department shall be entitled to charge the following special fees in accordance with Table 28-112.8:

*Table 28-112.8 was amended by Local Law 6 of 2021. This law has an effective date of May 10, 2021.

TABLE 28-112.8

SERVICE TYPE	FILING FEE	RENEWAL FEE	COMMENTS
Accelerated plan review	As provided by department rules
Accelerated inspection	As provided by department rules
Certificate of occupancy request	As provided by department rules
Accelerated certificate of occupancy request	As provided by department rules
Application for temporary certificate of occupancy	$130	$130
*Application for interim certificate of occupancy	*$130
*Table 28-112.8 was amended by Local Law 6 of 2021. This law has an effective date of May 10, 2021.
Application to amend a temporary certificate of occupancy	$130
Reinspection made necessary by a failure to correct a condition or respond to a request to correct that results in issuance of a violation or other order	As provided by department rules
Temporary place of assembly certificate of operation	$130	$130
Temporary use letter (does not include fees for any associated temporary structure)	For the initial 30 days of duration $100. $130 for each additional 30 day period of permit duration.	$130 for each additional 30 days
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.
Subpoena	As provided by applicable state or federal law
Place of assembly certificate of operation	$200		$130 amendment
Ordinary plumbing work	$130 for each report
Limited plumbing alteration	Filing fee as calculated for respective building alteration
Limited sprinkler and/or standpipe alteration	Filing fee as calculated for respective building alteration
Limited oil-burning appliance alteration	Filing fee as calculated for respective building alteration
Approval or acceptance of materials, assemblies and equipment
Application for approval of materials	$600
Application for amendment of prior approval of materials	$500
Application for change of identification (change of ownership, corporate name or name of product) of prior approval	$350
Application for approval of materials evaluated by an approved testing agency	$200
Other fees
Certificate of pending violation: Multiple and private dwellings	As provided by department rules
Certificate of pending violation: All other buildings	As provided by department rules
Certified copy of license	As provided by department rules
Records Management of applications for new buildings and alterations and associated documentation for certificates of occupancy, temporary certificates of occupancy, "compliance reports" and/or letters of completion, as required by rule of the commissioner	As provided by department rules
Preparing only or preparing and certifying a copy of a record or document filed in the department	As provided by department rules
Notification of, the installation or removal of an adjustable suspended scaffold	$35
Issuance of a core certificate of completion, which indicates completion of the building structure, the elevator systems, stairs, and all fire safety systems	$130
Issuance of letter of no objection to or classification of a specified occupancy of a premises, as follows:
• 1-, 2- or 3-family homes	$25
• All other premises	$130
Fees for after-hours work variances.
• The initial application fee for an after-hours variance	$130
• The renewal application fee for an after-hours variance	$130
For each day for which such variance is granted or renewed	$80
Application for approved agency approval	As provided by department rules
Application for special inspector authorization	As provided by department rules
Failure to keep a scheduled plan examination appointment	As provided by department rules
Failure to keep a scheduled inspection appointment	As provided by department rules

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.

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 sections 28-112.10.1 and 28-112.10.2.

The city has implemented a disaster recovery program known as the Build It Back program that uses federal Community Development Block Grant Disaster Recovery funds to aid in the recovery of residential property damaged or destroyed in the severe storm known as Sandy that occurred on October 29 and 30, 2012. To assist in such recovery, the commissioner shall waive fees, which would otherwise be required to be paid to the department by this code, the electrical code or the rules of the department, in connection with applications, permits and inspections for work that is officially approved and funded under the Build It Back program. The waiver provided for in this section shall apply only to work performed on property that is classified as residential and to fees payable on or after July 1, 2014. With respect to work on a mixed use building, fees payable on or after such date may only be waived for work on the residential units of such building and portions of such building that serve the residential units.

The commissioner shall establish by rule a program for reducing the amount of any fee to be imposed upon a person or any civil penalty to be imposed upon a person for a violation, other than an immediately hazardous violation, where one or more of the following conditions is satisfied:

1. Such person demonstrates, in a form and manner established by the commissioner, that such person has paid, either directly or indirectly, for the costs of one or more workers to obtain the training needed to comply with section 3321 of the New York city building code or has otherwise arranged for such workers to receive such training at no cost to such workers, provided that this shall not include any worker trained pursuant to an agreement that such person was required to enter into pursuant to section 28-204.1.1 or any worker trained under a program developed pursuant to section 22-509 of the administrative code.
2. The fee or penalty to be imposed upon such person related to a building site for which the owner of such site, or a person acting on such owner's behalf, demonstrates, in a form and manner established by the commissioner, that such owner or such person acting on such owner's behalf has paid, either directly or indirectly, for the costs of one or more workers to obtain the training needed to comply with section 3321 of the New York city building code or has otherwise arranged for such workers to receive such training at no cost to such workers, provided that this shall not include any worker trained pursuant to an agreement such person was required to enter into pursuant to section 28-204.1.1 or any worker trained under a program developed pursuant to section 22-509 of the administrative code.

*Section 28-112.12 was added by Local Law 196 of 2017. This law has an effective date of October 16, 2017.

For a one-, two- or three-family dwelling that has been damaged as a result of a fire, no filing fee that would otherwise be required to be paid to the department by this code or the rules of the department shall be required to be paid, in connection with a permit for work that is necessary to address the damage to such dwelling that resulted from such a fire, which may include a construction defect discovered following such fire, and which shall be certified to the department by the applicant for such permit. If a construction defect is discovered at such dwelling following such fire, the department shall not charge filing fees for other dwellings in the same homeowner's association or cooperative association to correct the same construction defect at such dwellings where such situation is certified to the department by the applicant for such permit. The department, with relevant agencies, shall conduct outreach regarding these provisions in the designated citywide languages, as defined in section 23-1101.

*Section §28-112.13 was added by: Local Law 66 of 2022. This law has an effective date of September 29, 2022.

Materials shall be used, tested and approved for use in accordance with the specific provisions of this code and department rules, except that the commissioner shall have the power to limit or prohibit the use of any material to protect public safety. Materials shall be identified or described on construction documents and other related documents.

Except as set forth in sections 28-113.2.1 through 28-113.2.6 materials specifically prescribed by this code or department rules may be used as prescribed without the prior approval of the commissioner.

Approval of materials pursuant to section 28-113.2 shall be in accordance with procedures set forth in this code and the rules of the department. The cost offsets, reports and investigations required under these provisions shall be paid by the applicant.

Materials required to be labeled shall be labeled in accordance with the procedures set forth in this code or the recognized referenced standards.

On and after July 1, 2013 carpet and carpet cushion as defined in section 17-1401 of the administrative code shall comply with the limits on volatile organic compound emissions set forth in chapter 14 of title 17 of such code.

Approved agencies shall satisfy the provisions of this article and the rules of the department as to qualifications and operations. The commissioner may revoke or suspend the commissioner's approval of or otherwise sanction an approved agency for cause.

An agency's evaluation of material or report of an inspection shall be in writing after satisfactory completion of the required inspection or test.

The approved agency shall maintain records of inspection and test reports for at least six years or for such period as the commissioner shall determine and shall make such records available to the department upon request.

An approved agency shall have its approval re-authorized in accordance with rules of the department.

The commissioner may disqualify an approved agency or inspector from performing inspections pursuant to this code for cause. The approved agency or inspector shall be given prior notice of the proposed disqualification and the opportunity to contest such action. A list of approved agencies and inspectors who have been disqualified from performing inspections shall be maintained and made available to the public on the department's website.

Special inspection agencies are approved agencies and shall be subject to the provisions of article 114 of this chapter. Special inspection agencies and special inspectors shall satisfy the provisions of this article and the rules of the department as to qualifications in order to perform special inspections required by chapter 17 of the New York city building code or elsewhere in this code or department rules.