§ 28-105.2.3 Rodent abatement during certain construction work.

For work that is subject to rodent extermination pursuant to section 3306.9.13 of the New York city building code, prior to the issuance of a permit authorizing work, the applicant shall certify that a licensed exterminator has been retained to effectively treat the premises for rodent extermination as per the requirements of the department of health and mental hygiene.

(L.L. 2022/109, 11/18/2022, eff. 5/17/2023)

§ 28-105.3 Separate permits required.

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.

§ 28-105.4 Work exempt from permit.

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.

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.

(Am. L.L. 2018/195, 12/1/2018, eff. 5/30/2019)

Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2018/195 and L.L. 2024/128.

§ 28-105.4.1 Emergency work.

Work that would otherwise require a permit may be performed without a permit to the extent necessary to relieve an emergency condition. An application for a permit shall be submitted within 2 business days after the commencement of the emergency work and shall include written description of the emergency condition and the measures undertaken to mitigate the hazard. Emergency work may include but shall not be limited to:

   1.   Erection of sidewalk sheds, fences, or other similar structures to protect the public from an unsafe condition.

   2.   Stabilization of unsafe structural conditions.

   3.   Repair of gas leaks.

   4.   Repair or replacement of heating or hot water equipment servicing education or residential occupancies from October 1 through May 31.

   5.   Replacement of parts required for the operation of a combined standpipe or sprinkler system.

(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 and L.L. 2023/077.

§ 28-105.4.2 Minor alterations and ordinary repairs.

A permit shall not be required for minor alterations and ordinary repairs.

§ 28-105.4.2.1 Definitions.

The following words and terms shall, for the purposes of section 28-105.4.2 and as used elsewhere in this code, have the meanings shown herein.

   MINOR ALTERATIONS. Minor changes or modifications in a building or any part thereof, excluding additions thereto, that do not in any way affect health or the fire or structural safety of the building or the safe use and operation of the service equipment therein. Minor alterations shall not include any of the work described as "work not constituting minor alterations or ordinary repairs."

   ORDINARY REPAIRS. Replacements or renewals of existing work in a building, or of parts of the service equipment therein, with the same or equivalent materials or equipment parts, that are made in the ordinary course of maintenance and that do not in any way affect health or the fire or structural safety of the building or the safe use and operation of the service equipment therein. Ordinary repairs shall include the repair or replacement of any plumbing fixture, piping or faucets from any exposed stop valve to the inlet side of a trap. Ordinary repairs shall not include any of the work described as "work not constituting minor alterations or ordinary repairs."

   WORK NOT CONSTITUTING MINOR ALTERATIONS OR ORDINARY REPAIRS. Minor alterations or ordinary repairs shall not include:

      1.   The removal or cutting away of any load bearing or required fire rated wall, fire door, floor, or roof construction, or any portion thereof;

      2.   The removal, cutting, or modification of any beams or structural supports; 3. The removal, change, or closing of any required exit;

      4.   The addition, rearrangement, relocation, removal or replacement of any parts of the building affecting loading or exit requirements, or light, heat, ventilation, or elevator requirements or accessibility requirements, or any fire suppression or fire protection system;

      5.   Additions to, alterations of, or rearrangement, relocation, replacement, repair or removal of any portion of a standpipe or sprinkler system, water distribution system, house sewer, private sewer, or drainage system, including leaders, or any soil, waste or vent pipe, or any gas distribution system;

      6.   Any plumbing work other than the repair or replacement of plumbing fixtures, piping or faucets from the exposed stop valve to the inlet side of a trap;

      7.   The alteration or repair of a sign for which a permit is required; or

      8.   Any other work affecting health or the fire or structural safety of the building or the safe use and operation of the service equipment therein.

(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.

§ 28-105.4.3 Public utility company or public utility corporation.

A permit shall not be required for:

   1.   The installation or alteration of gas service piping or gas meter piping including meters, valves, regulators, and related equipment, when such work is to be performed and serviced and maintained by utility corporations subject to the jurisdiction of the New York state public service commission.

   2.   The emergency repair of gas distribution piping when such work is performed by licensed master plumbers or by utility corporations subject to the jurisdiction of the New York state public service commission, in order to alleviate hazardous conditions, provided that a written report describing the details of such repairs shall be filed with the commissioner upon completion of the work.

(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.