§ 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.

§ 28-105.5.3 Owner statement.

All applications for permits shall include a certification by the owner of the property for which the permit is sought stating the following:

   1.   A statement as to whether $25,000 or more in covered arrears, that are not currently in the appeals process, are owed to the city with respect to such property;

   2.   A statement as to whether the owners of the property owe, in aggregate, $25,000 or more in covered arrears to the city;

   3.   For each owner of the property:

      3.1.   The person's full name and business address;

      3.2.   A list of properties in the city for which the person owes covered arrears to the city and, for each such property, the amount of such covered arrears owed; and

      3.3.   A list of properties in the city for which the person is an owner;

   4.   If an exception to section 28-105.1.6 applies to such owner, a description of such exception.

(L.L. 2017/160, 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.

§ 28-105.5.3.1 Audit.

The commissioner shall each year, in consultation with the department of finance and each other appropriate city agency, audit at least 25 percent of the statements submitted under section 28-105.5.3.

(L.L. 2017/160, 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.

§ 28-105.6 Fees.

Applications for permits shall be accompanied by the payment of appropriate fees as provided for in article 112.