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Article 105: Permits
§ 28-105.1 General.
§ 28-105.1.1 Notification to fire department.
§ 28-105.1.2 Projects for which a stormwater construction permit is required.
§ 28-105.1.3 Denial of permits for excessive violations.
§ 28-105.1.4 Denial of permits for false statements on applications for construction document approval.
§ 28-105.1.5 Denial of permits for work without permit on occupied building.
§ 28-105.1.6 Denial of permits for certain arrears.
§ 28-105.2 Classification of work permits.
§ 28-105.2.1 Submittal documents required for foundations and earthwork.
§ 28-105.2.2 Submittal documents required for partial and full demolition.
§ 28-105.2.3 Rodent abatement during certain construction work.
§ 28-105.3 Separate permits required.
§ 28-105.4 Work exempt from permit.
§ 28-105.4.1 Emergency work.
§ 28-105.4.2 Minor alterations and ordinary repairs.
§ 28-105.4.2.1 Definitions.
§ 28-105.4.3 Public utility company or public utility corporation.
§ 28-105.4.4 Ordinary plumbing work.
§ 28-105.4.5 Sign permits.
§ 28-105.4.6 Geotechnical investigations.
§ 28-105.5 Application for permit.
§ 28-105.5.1 Applicant for permit.
§ 28-105.5.2 Application for permit where a building is occupied.
§ 28-105.5.3 Owner statement.
§ 28-105.5.3.1 Audit.
§ 28-105.6 Fees.
§ 28-105.7 Time limitation of applications.
§ 28-105.8 Validity of permit.
§ 28-105.8.1 Duration of permit.
§ 28-105.8.2 Signature of commissioner on permit.
§ 28-105.9 Expiration.
§ 28-105.9.1 Reinstatement.
§ 28-105.10 Suspension or revocation of permit.
§ 28-105.10.1 Notice of proposed revocation.
§ 28-105.10.2 Immediate suspension in cases of imminent peril.
§ 28-105.11 Posting of permit.
§ 28-105.12 Conditions of permit.
§ 28-105.12.1 Compliance with code.
§ 28-105.12.2 Compliance with construction and submittal documents.
§ 28-105.12.2.1 Construction documents maintained on site.
§ 28-105.12.3 Adherence to lot diagram.
§ 28-105.12.4 Compliance with safety requirements.
§ 28-105.12.5 Compliance with noise control code required.
§ 28-105.12.6 Deferred submittals.
§ 28-105.12.7 Insurance.
§ 28-105.12.7.1 Insurance coverage for adjacent properties.
§ 28-105.12.8 Site safety plan.
§ 28-105.12.9 Safety training required.
§ 28-105.12.10 Tenant protection plan required.
§ 28-105.12.11 Inspections.
§ 28-105.12.12 Statement of lead-based paint compliance.
§ 28-105.12.13 Reporting to the department of health and mental hygiene.
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§ 28-105.4.5 Sign permits.
A sign permit shall not be required where the sign is:
   1.   A wall sign of not more than six square feet (0.56 m 2 ) in area;
   2.   Erected by employees of a city agency, including traffic and other similar signs;
   3   A ground sign offering the sale or rental of the premises on which it is erected, provided the sign does not exceed 12 square feet (1.1 m 2 ) in area, and is removed immediately upon such sale or rental;
   4.   Temporary and erected during construction work as required by chapter 33 of the New York city building code or other applicable law;
   5.   Temporary for special decorative display use for holidays, public demonstrations, or the promotion of civic, welfare or charitable purposes, except that signs that utilize streets or cross streets shall be subject to the requirements of the department of transportation; or
   6.   Temporary signs offering the sale or rental of real property when erected on the premises offered for sale or rent, and is removed immediately upon such sale or rental.
(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.
§ 28-105.4.6 Geotechnical investigations.
A permit shall not be required for excavation performed for a geotechnical investigation required by section 1803.4 of the New York city building code provided such excavation does not exceed 10 feet (3048 mm) in length, width, or diameter and is conducted under the supervision of a registered design professional. All excavation activity, including backfilling of excavations, shall comply with all relevant code provisions, including but not limited to sections 1803 and 3304 of the New York city building code.
(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.
§ 28-105.5 Application for permit.
All applications for permits shall be submitted on forms furnished by the department. Applications shall include all information required by this code, other applicable law or the rules of the department. The applicant shall list any portions of the design that have been approved for deferred submittal in accordance with section 28-104.2.6. The application shall set forth an inspection program for the project. An application for a permit shall be submitted no later than 12 months after the approval of all required construction documents (other than those documents approved for deferred submittal). The department shall provide written notification to owners of adjoining property at the time such application is submitted.
(2018 N.Y. Laws Ch. 217, 8/24/2018, eff. 8/24/2018)
§ 28-105.5.1 Applicant for 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.
The applicant for a permit shall be the person who performs the work or who retains a subcontractor to do the work.
   Exception: For permits issued for plumbing work, fire protection and suppression work, and oil-burning appliance work, the applicant for such permits shall be the licensed master plumber, licensed master fire suppression piping contractor, or licensed oil-burning equipment installer, respectively, who performs 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 and L.L. 2024/128.
§ 28-105.5.2 Application for permit where a building is occupied.
All applications for permits for work on a building having more than three dwelling units shall state (i) the total number of units in the building at the time the application is filed, (ii) the number of units occupied at the time the application is filed, and (iii) the number of units to be occupied during the course of the work. The work permit application shall be amended prior to occupancy of any units that were not initially counted as being occupied during the course of the work.
(L.L. 2017/149, 8/30/2017, eff. 12/28/2017; 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.
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