§ 28-104.2.4 Conditions of approval.

All construction documents approved by the commissioner shall be conditioned upon and subject to compliance with the requirements of this code and other applicable laws and rules in effect at the time of issuance of the associated work permit or place of assembly certificate of operation, including, but not limited, to intervening amendments to this code or the zoning resolution, and designations by the landmarks preservation commission.

(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.

§ 28-104.2.5 Phased or partial approval.

In the case of construction documents for the construction of new buildings or the alteration of buildings, the commissioner may grant partial approval of construction documents before the construction documents for the entire building or structure have been submitted. The approval of such partial applications will be subject to the submittal and approval of construction documents, filed together, comprising:

   1.   The lot diagram showing the exact location of the lot and dimensions to the nearest corner;

   2.   A complete zoning analysis showing compliance of the proposed work with the zoning resolution;

   3.   The foundation plans, as provided for in section 107.7.1 of the New York city building code, as well as a loading diagram and column schedule for the entire building or structure;

   4.   Earthwork plans, as provided for in section 107.8 of the New York city building code;

   5.   The floor and roof plans showing compliance with exit requirements, as provided for in this code. Structural calculations that justify the foundation design shall be made available to the department when requested by the department. Following the partial approval of such construction documents, the issuance of a foundation and earthwork permit shall be subject to submission of required submittal documents, including related support of excavation documents in accordance with section 28-105.2.1. The owner and the holder of such a foundation and earthwork permit shall proceed at their own risk with the construction operation and without assurance that a permit for the entire structure will be granted. In the event that the project does not proceed, any open excavation shall be filled and graded in accordance with chapter 33 of the New York City building code; and

   6.   Other documents the department determines are necessary.

The issuance of such foundation and earthwork permit is subject to submission of required submittal documents. The owner and the holder of such foundation and earthwork permit shall proceed at their own risk with the construction operation and without assurance that a permit for the entire structure will be granted.

(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.

§ 28-104.2.6 Deferred submittal.

With the prior approval of the department, the applicant may defer submittal of portions of the design until a specified period of time after the issuance of a permit. The applicant shall list the deferred submittal items on the initial application for construction document approval. The deferred submittal items shall not be constructed or installed until the design and submittal documents for the item have been approved by the department. The owner and permit holder shall proceed at their own risk with the construction operation and without assurance that a permit for the entire structure will be granted and the approval of all construction documents shall be conditioned upon and subject to compliance with the requirements of this code and other applicable laws and rules in effect at the time of issuance of the associated permit or place of assembly certificate of operation.

(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.

§ 28-104.2.7 Time period for review.

Completed construction documents complying with the provisions of this code and other applicable laws and rules shall be approved by the commissioner and written notice of approval shall be given the applicant promptly and no later than 40 calendar days after the submission of a complete application.

   Exceptions:

      1.   On or before the fortieth day, the commissioner may, for good cause shown and upon notification to the applicant, extend such time for an additional 20 calendar days.

      2.   Such time period for review shall commence in accordance with article 107 for single room occupancy multiple dwellings.

§ 28-104.2.7.1 Notification of approval.

The department shall, on a weekly basis, send council members and community boards, by electronic mail, and post on its website, a report of all applications that were approved during the prior week, disaggregated by community board, for:

   1.   A new building or an alteration that will require a new certificate of occupancy for a building; and

   2.   Work at a building or part thereof for which construction and related documents shall not be accepted with less than full examination by the department pursuant to the exception to section 28-104.2.1.

(L.L. 2016/010, 2/8/2016, eff. 5/8/2016; Am. L.L. 2017/158, 8/30/2017, eff. 8/30/2018; 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.

§ 28-104.2.8 Notification of rejection.

Applications failing to comply with the provisions of this code and other applicable laws and rules shall be rejected and written notice of rejection, stating the grounds of rejection, shall be given the applicant promptly and not later than the date required in section 28-104.2.7. The department shall, on a weekly basis, send council members and community boards, by electronic mail, a report of all rejections of applications for a new building or an alteration that will require a new certificate of occupancy for a building, during the prior week, disaggregated by community board. In addition, the department shall post such information on its website on a weekly basis.

(Am. L.L. 2016/010, 2/8/2016, eff. 5/8/2016; 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.

§ 28-104.2.9 Resubmission.

Whenever an application has been rejected and is thereafter revised and resubmitted to meet the stated grounds of rejection, the revised application and construction documents shall be approved if they meet the stated grounds of rejection and otherwise comply with the provisions of this code and other applicable laws and rules or shall be rejected if they fail to meet the stated grounds of rejection or otherwise fail to so comply.

§ 28-104.2.10 Revocation of approval.

The commissioner may, on notice to the applicant, revoke the approval of construction documents for failure to comply with the provisions of this code or other applicable laws or rules; or whenever there has been any false statement or any misrepresentation as to a material fact in the submittal documents upon the basis of which such approval was issued; or whenever an approval has been issued in error and conditions are such that approval should not have been issued. Such notice shall inform the applicant of the reasons for the proposed revocation and that the applicant has the right to present to the commissioner or his or her representative within 10 business days of personal service or electronic delivery or 15 business days of the posting of service by mail, information as to why the approval should not be revoked.

(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.

§ 28-104.2.10.1 Effect on work permit.

The effect of revocation of approval of construction documents is the automatic revocation of all work permits that may have been issued based on such construction documents.