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Dates of establishment and discontinuance of adult establishments, houses of worship, and schools for the purposes of §§32-01 and 42-01 of the zoning resolution. In determining whether an adult establishment may lawfully be established at a location pursuant to §§32-01 and 42-01 of the zoning resolution, the department will use the following criteria to determine the dates of establishment and discontinuance for adult establishments, houses of worship and schools located or proposed to be located within 500 feet of each other.
   (a)   The date of establishment of an adult establishment, house of worship, or school in existence and operating prior to August 8, 2001 shall be the date of issuance of an appropriate department permit or, if no permit was required, the date that it commenced operation, as determined by the department.
   (b)   Except as otherwise provided in subdivision a of this section, the date of establishment of an adult establishment, house of worship, or school shall be the date of issuance of an appropriate department permit, subject to the following qualifications:
      (1)   With respect to a new building permit or alteration permit:
         (i)   significant progress must be shown toward completion of the work under the permit. For the purposes of this paragraph, the term "significant progress" means the issuance of a temporary certificate of occupancy or, if applicable, department signoff of the work within one year of issuance of the permit, except that upon application, the commissioner or his or her designee, may extend the one year period in accordance with subdivision c of this section for a period of time not exceeding one year, and
         (ii)   the use or operation for which the building is constructed or altered must commence within six months after the issuance of a temporary certificate of occupancy or, if applicable, within six months after a department signoff that the work has been completed, except that upon application, the commissioner or his or her designee, may extend the six month period in accordance with subdivision c of this section for a period of time not exceeding six months.
      (2)   With respect to applications for permits filed solely to establish priority, where no work requiring a building permit is proposed, the use or operation for which the permit is issued must commence within two months of the issuance of such permit, except that upon application, the commissioner or his or her designee may extend such two month period in accordance with subdivision c of this section for a period of time not exceeding two months.
   (c)   An extension of time pursuant to subdivision b of this section may be granted where the permittee submits an application no later than 30 days prior to the expiration of the applicable time period together with satisfactory evidence that significant progress or the commencement of use or operations within the applicable time period is impracticable. The commissioner or his or her designee shall make a determination and notify the applicant in writing of his or her determination not later than 30 days after receipt of the application by the department. If the application is denied, the commissioner or his or her designee shall state the reason(s) therefor. If the commissioner or his or her designee fails to act upon the application within such 30-day period, the application shall be deemed to be granted.
   (d)   An adult establishment, otherwise in compliance with the zoning resolution, may be established within 500 feet of a discontinued adult establishment, house of worship or school. For the purposes of this subdivision, once established, an adult establishment, house of worship, or school shall not be deemed to be discontinued until it has ceased operation for a continuous period of one year or longer.
   (e)   The time periods set forth in this section for significant progress of work or for commencement of operations shall commence to run as of the effective date of this section or issuance of the permit, whichever is later.
APPENDIX A
DEPARTMENT OF BUILDINGS
Promulgation of Amendments to Regulations Relating to Public Access to Records
Pursuant to Section 1105 of the New York City Charter and by virtue of the authority vested in me as Commissioner of Buildings by Section 643 of such Charter, herewith promulgated are the following amendments to regulations of the Commissioner of Buildings relating to Regulations Relating to Public Access to Records.
REGULATIONS RELATING TO PUBLIC ACCESS TO RECORDS
RULE 1. PURPOSE — The Department of Buildings, in full accordance with the letter and spirit of the State Freedom of Information Law, effective September 1, 1974, does hereby enact regulations to permit all members of the public access to its records.
RULE 2. DEFINITIONS — (a) The term "records" shall mean all information on file which the Department of Buildings is authorized to disclose to the public pursuant to Article 6 of the Public Officers Law and Section 1113 and 1114 of the New York City Charter. Records shall be classified in two categories as follows:
      (1)   Records routinely made available for public inspection. Such records include, but are not limited to: building applications, plans, certificates of occupancy, index cards and index printouts, violations and complaints with the complainant's name and address deleted.
      (2)   Records not routinely made available for public inspection.
   (b)   The term "offices" shall mean the offices of the Department of Buildings which are located at the address provided in the City's website, http://www.nyc.gov.
RULE 3. AVAILABILITY — (a) Routine records may be requested at the office where such records are maintained. Requests for said records should be made to the Records Control Officer in the respective office or his/her designee.
   (b)   The term "offices" shall mean the offices of the Department of Buildings which are located at the address provided in the City's website, http://www.nyc.gov.
   (c)   Records are available for public inspection and copying on weekdays and, except holidays, during regular business hours which may vary from office to office.
RULE 4. DESIGNATION OF RECORDS CONTROL OFFICERS — The respective records control officers of the Department of Buildings for the respective offices are hereby designated as follows:
   (a)   Executive offices
      (1)   Materials and Equipment Acceptance Division — Director
      (2)   Division of Cranes and Derricks — Assistant Commissioner
      (3)   Central Billing Section — Director of Fiscal Operations
   (b)   Borough offices
      (1)   Borough of Manhattan — Borough Manager
      (2)   Borough of The Bronx — Borough Manager
      (3)   Borough of Brooklyn — Borough Manager
      (4)   Borough of Queens — Borough Manager
      (5)   Borough of Staten Island — Borough Manager
   (c)   Boiler Division Office — Chief, Boiler Division
   (d)   Elevator Division Office — Director, Elevator Division
   (e)   Bureau of Electrical Control — Director  Existing Rules 5, 6, 7 and 8, which were effective September 1, 1974, are deleted and proposed Rules 5 and 6 are added.
RULE 5. FEES — A maximum fee of twenty-five cents is to be charged for each photocopy of departmental records not in excess of nine inches by fourteen inches except for certificates of pending violations (violation searches) and photocopies of individual violations. The fee for certificates of pending violations and for photocopies of individual violations will remain as stated in Section 26-214 of the Building Code. This exception from the twenty-five cents maximum fee limit, which applies to violation searches and copies of violations, does not apply to copies of Bureau of Electrical Control notice of violations and certificates of electrical inspection. The fee charged for any photocopy of departmental records which is larger than nine inches by fourteen inches is to be the actual cost of reproduction.
RULE 6. REVIEW OF DENIAL OF ACCESS — A denial by Records Access Officer may be appealed in writing within thirty days after the receipt of the denial. Appeals should be directed to the F.O.I.L. Appeals Officer (address provided in the City's website, http://www.nyc.gov).
EXPLANATION OF PROPOSED AMENDMENT
The above proposed regulations are intended to amend and update the existing regulations, which were effective on September 1, 1974. This amendment is necessary to insure continued compliance with the State Freedom of Information Law (Public Officers Law, Art. 6), as amended. The rules were last published in the City Record on July 10, 1975.
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