§ 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.

§ 28-104.3 Amended construction documents.

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.

(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.

§ 28-104.4 Place of filing.

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.

§ 28-104.5 Fees.

Filing fees shall be paid as required by article 112.

§ 28-104.6 Applicant.

Editor's note: this section has been amended by L.L. 2024/128, 12/21/2024, eff. 12/21/2025. For related unconsolidated provisions, see Appendix A at L.L. 2024/128.

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 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 com- missioner.

(Am. L.L. 2021/126, 11/7/2021, eff. 11/7/2022; Am. L.L. 2023/077, 6/11/2023, eff. 6/11/2023)

Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2021/126, L.L. 2023/077 and L.L. 2024/128.

§ 28-104.6.1 Verification of professional qualification required.

The department shall not accept construction documents or other documents submitted in connection with applications for construction document approval or work permits under this code by any person representing that he or she is a registered design professional or landscape architect without verifying, by means of lists compiled and made available by the New York state department of education pursuant to paragraph e-1 of subdivision 4 of section 6507 of the New York state education law, that such person meets the qualifications established by law to practice as an architect or engineer in New York state.

(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.

§ 28-104.7 Submittal of construction documents.

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.

(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.

§ 28-104.7.1 Scope.

Construction documents shall be complete and of sufficient clarity to indicate the location and entire nature and extent of the work proposed, and shall show in detail that they conform to the provisions of this code and other applicable laws and rules; if there exist practical difficulties in the way of carrying out the strict letter of the code, laws or rules, the applicant shall set forth the nature of such difficulties.