Skip to code content (skip section selection)
Compare to:
New York City Overview
The New York City Charter
The New York City Administrative Code
NEW YORK CITY ADMINISTRATIVE CODE
Title 1: General Provisions
Title 2: City of New York
Title 3: Elected officials
Title 4: Property of the City
Title 5: Budget; Capital Projects
Title 6: Contracts, Purchases and Franchises
Title 7: Legal Affairs
Title 8: Civil Rights
Title 9: Criminal Justice
Title 10: Public Safety
Title 11: Taxation and Finance
Title 12: Personnel and Labor
Title 13: Retirement and Pensions
Title 14: Police
Title 15: Fire Prevention and Control
Title 16: Sanitation
Title 16-A: [Commercial Waste Removal]
Title 16-B: Commercial Waste Zones
Title 17: Health
Title 18: Parks
Title 19: Transportation
Title 20: Consumer and Worker Protection
Title 20-A: [Shipboard Gambling]
Title 21: Social Services
Title 21-A: Education
Title 22: Economic Affairs
Title 23: Communications
Title 24: Environmental Protection and Utilities
Title 25: Land Use
Title 26: Housing and Buildings
Title 27: Construction and Maintenance
Title 28: New York City Construction Codes
Chapter 1: Administration
Article 101: General
Article 102: Applicability
Article 103: Duties and Powers of Commissioner Of Buildings
§ 28-103.1 Jurisdiction.
§ 28-103.1.1 Installation of equipment required by the New York city fire code.
§ 28-103.1.2 Enforcement of New York city construction codes on property within the jurisdiction of the department of small business services.
§ 28-103.1.3 Innovation review board.
§ 28-103.1.3.1 Meetings and recommendations.
§ 28-103.2 Interpretation.
§ 28-103.3 Variations.
§ 28-103.4 Appeals.
§ 28-103.5 Seal; judicial notice.
§ 28-103.6 Proofs, affidavits and oaths.
§ 28-103.7 Cooperation of other departments.
§ 28-103.7.1 Sharing results of buildings inspections.
§ 28-103.8 Matters not provided for.
§ 28-103.9 Additional tests.
§ 28-103.10 Supporting documentation for materials.
§ 28-103.11 Applications and permits.
§ 28-103.12 Identification.
§ 28-103.13 Right of entry.
§ 28-103.14 Department records.
§ 28-103.14.1 List of permits for cellular antenna.
§ 28-103.15 Insurance.
§ 28-103.16 Inspections of existing buildings, structures, signs, service equipment and construction machinery and equipment.
§ 28-103.17 Certain outside work, employment and financial interests of department employees prohibited.
§ 28-103.18 Investigation of complaints.
§ 28-103.18.1 Complaint records.
§ 28-103.19 Addition, modification, and deletion of referenced standards.
§ 28-103.20 Existing rules continued.
§ 28-103.21 Incident lists.
§ 28-103.21.1 Reporting.
§ 28-103.22 Outreach on security grille visibility requirements.
§ 28-103.23 Manual on flood construction and protection standards.
§ 28-103.24 Electronic submissions.
§ 28-103.25 Hotel development plans.
§ 28-103.26 Reporting to the federal occupational safety and health administration.
§ 28-103.27 Disclosure of building occupancy status for buildings subject to permit.
§ 28-103.28 Site safety training (SST) task force.
§ 28-103.29 Reporting regarding implementation of section 3321 of the New York city building code.
§ 28-103.29.1 Audits of training provided in connection with section 3321 of the New York city building code.
§ 28-103.30 Real time enforcement unit.
§ 28-103.30.1 Tracking complaints related to work without a permit.
§ 28-103.30.2 Monitoring occupied multiple dwellings with permits for alteration or addition.
§ 28-103.30.3 Inspections.
§ 28-103.30.4 Violations.
§ 28-103.30.5 Report.
§ 28-103.31 Report on site safety manager and coordinator certifications.
§ 28-103.32 Education and outreach regarding single-occupant toilet room requirements.
§ 28-103.32.1 Reporting.
§ 28-103.33 Office of alternative energy.
§ 28-103.33.1 Definitions.
§ 28-103.33.2 Duties of the office of alternative energy.
§ 28-103.33.3 Reporting.
§ 28-103.33.4 Posting of information.
§ 28-103.33.4.1 Information regarding installation of green roof systems.
§ 28-103.34 Electronic mail address.
§ 28-103.34.1 Electronic notification.
§ 28-103.35 Electronic mail notice of construction project updates.
§ 28-103.36 Bird friendly design and construction requirements.
§ 28-103.37 Education and outreach on solar and green roof systems.
Article 104: Construction Documents
Article 105: Permits
Article 106: Asbestos
Article 107: Alteration Or Demolition of Single Room Occupancy Multiple Dwellings
Article 108: Pavement Plan
Article 109: Fire Protection Plan
Article 110: Site Safety Plan
Article 111: Temporary Structures and Uses
Article 112: Fees
Article 113: Materials
Article 114: Approved Agencies
Article 115: Special Inspection Agencies and Special Inspectors
Article 116: Inspections and Sign-off of Completed Work
Article 117: Places of Assembly
Article 118: Certificates of Occupancy
Article 119: Service Utilities
Article 120: Tenant Protection Plan
Chapter 2: Enforcement
Chapter 3: Maintenance of Buildings
Chapter 4: Licensing and Registration of Businesses, Trades and Occupations Engaged in Building Work
Chapter 5: Miscellaneous Provisions
Chapter 6: New York City Plumbing Code
Chapter 7: New York City Building Code
Chapter 8: New York City Mechanical Code
Chapter 9: New York City Fuel Gas Code
Chapter 10: New York City Energy Code
Chapter 11: The New York City Electrical Code
Title 29: New York City Fire Code
Title 30: Emergency Management
Title 31: Department of Veterans' Services
Title 32: Labor and Employment
Title 33: Investigations
Title 34: Racial Equity
Appendix A: Unconsolidated Local Laws
The Rules of the City of New York
THE RULES OF THE CITY OF NEW YORK
Title 1: Department of Buildings
Title 2: Board of Standards and Appeals
Title 3: Fire Department
Title 6: Department of Consumer and Worker Protection
Title 9: Procurement Policy Board Rules
Title 12: Franchise and Concession Review Committee
Title 15: Department of Environmental Protection
Title 16: Department of Sanitation
Title 17: Business Integrity Commission
Title 19: Department of Finance
Title 20: Tax Appeals Tribunal
Title 21: Tax Commission
Title 22: Banking Commission
Title 24: Department of Health and Mental Hygiene
Title 25: Department of Mental Health and Retardation [Repealed]
Title 28: Housing Preservation and Development
Title 29: Loft Board
Title 30: Rent Guidelines Board
Title 31: Mayor's Office of Homelessness and Single Room Occupancy
Title 34: Department of Transportation
Title 35: Taxi and Limousine Commission
Title 38: Police Department
Title 38-A: Civilian Complaint Review Board
Title 39: Department of Correction
Title 40: Board of Correction
Title 41: Department of Juvenile Justice
Title 42: Department of Probation
Title 43: Mayor
Title 44: Comptroller
Title 45: Borough Presidents
Title 46: Law Department
Title 47: Commission on Human Rights
Title 48: Office of Administrative Trials and Hearings (OATH)
Title 49: Department of Records and Information Services
Title 50: Community Assistance Unit
Title 51: City Clerk
Title 52: Campaign Finance Board*
Title 53: Conflicts of Interest Board
Title 55: Department of Citywide Administrative Services
Title 56: Department of Parks and Recreation
Title 57: Art Commission
Title 58: Department of Cultural Affairs
Title 60: Civil Service Commission
Title 61: Office of Collective Bargaining
Title 62: City Planning
Title 63: Landmarks Preservation Commission
Title 66: Department of Small Business Services
Title 67: Department of Information Technology and Telecommunications
Title 68: Human Resources Administration
Title 69: Department of Aging
Title 70: In Rem Foreclosure Release Board
Title 71: Voter Assistance Commission
Title 72: Office of Emergency Management
Title 73: Civic Engagement Commission
Title 74: Community Hiring
Loading...
§ 28-103.19 Addition, modification, and deletion of referenced standards.
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.
(Am. L.L. 2021/126, 11/7/2021, eff. 11/7/2022)
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2021/126.
§ 28-103.20 Existing rules continued.
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.
(Am. L.L. 2021/126, 11/7/2021, eff. 11/7/2022)
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2008/008 and L.L. 2021/126.
§ 28-103.21 Incident lists.
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.
(Am. L.L. 2017/078, 5/10/2017, eff. 5/10/2017; Am. L.L. 2021/126, 11/7/2021, eff. 11/7/2022)
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2021/126.
§ 28-103.21.1 Reporting.
Where construction work subject to permitting by the commissioner that results in a fatality or injury to any individual, including a member of the general public or a construction worker, occurs on a construction site within the city, the owner or person otherwise in control of the site at which such incident occurred, or, if the incident involved a construction worker, the general contractor or subcontractor that employed such worker, shall report to the department, within three business days after the occurrence of such incident, the information required by section 28-103.21, with such reporting made via an electronic portal established by the department for the purpose of collecting the required information.
(Am. L.L. 2017/078, 5/10/2017, eff. 5/10/2017; Am. L.L. 2021/126, 11/7/2021, eff. 11/7/2022)
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2021/126.
§ 28-103.22 Outreach on security grille visibility requirements.
The commissioner shall, through or in cooperation with the department of small business services, the department of consumer and worker protection, 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.
(Am. L.L. 2020/080, 8/28/2020, eff. 8/28/2020)
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2020/080.
§ 28-103.23 Manual on flood construction and protection standards.
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 in 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 materials 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.
§ 28-103.24 Electronic submissions.
The commissioner shall have the discretion to require that any document or payment submitted to the department be submitted and/or signed electronically.
(Am. L.L. 2021/126, 11/7/2021, eff. 11/7/2022)
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2021/126.
§ 28-103.25 Hotel development plans.
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 involves land within two or more community districts in a borough, the borough board.
(L.L. 2015/045, 5/18/2015, eff. 11/14/2015)
Loading...