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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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§ 28-105.9 Expiration.
All permits issued by the commissioner shall expire by limitation and become invalid if the permitted work or use is not commenced within 12 months from the date of issuance of the permit. Subsequent to the 12-month period following the issuance of the initial permit, all permits shall expire if the permitted work is suspended or abandoned for a continuous period of 12 months unless such permits expire earlier pursuant to applicable provisions of this code. The permit shall automatically expire upon the expiration of required insurance or if the applicant holds a license issued by the department upon the expiration or revocation of such license during the term of the permit or if the permit is not renewed.
   Exception: All permits for work in a flood hazard area shall expire in accordance with the timeframes established by section G104 of appendix G 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. 2009/070 and L.L. 2021/126.
§ 28-105.9.1 Reinstatement.
The commissioner may at any time reinstate a work permit solely for the purpose of sign-off, including the correction of defects noted in a final inspection as provided in section 28-116.2.4 or reinstate a work permit within a period of two years from the date of issuance of the original permit. Except in the case of a permit reinstated solely for the purpose of sign-off, the work shall comply with all the requirements of this code and other applicable laws and rules in effect at the time application for reinstatement is made. The applicant for reinstatement shall pay all reinstatement fees as required by article 112.
(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.
§ 28-105.10 Suspension or revocation of permit.
The commissioner is authorized to suspend or revoke a permit issued under the provisions of this code.
§ 28-105.10.1 Notice of proposed revocation.
The commissioner may, on written notice to the permit holder, revoke any permit 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 application or submittal documents upon the basis of which such approval was issued; or whenever a permit has been issued in error and conditions are such that the permit should not have been issued. Such notice may be accompanied by a stop work order pursuant to section 28-207.2 and shall inform the permit holder 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 delivery of the notice by hand or electronic delivery or 15 business days of the posting of notice by mail, information as to why the permit should not be revoked.
(Am. L.L. 2019/062, 3/31/2019, eff. 9/27/2019; 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.
§ 28-105.10.2 Immediate suspension in cases of imminent peril.
The commissioner may immediately suspend any permit without prior notice to the permit holder when the commissioner has determined that an imminent peril to life or property exists. The commissioner shall forthwith notify the permit holder that the permit has been suspended and the reasons therefor, that it is proposed to be revoked, and that the permit holder has the right to present to the commissioner or his or her representative within 10 business days of delivery of the notice by hand or electronic delivery or 15 business days of the posting of notice by mail information as to why the permit 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.
§ 28-105.11 Posting of permit.
The building permit or copy shall be posted in a conspicuous place at the work site, visible to the public for the duration of the work or the use and operation of the equipment, or until the expiration of the permit. No such permit shall be posted or displayed at any location other than the location of the premises or equipment for which the permit was issued. Where the permit is exposed to the weather, it shall be laminated or encased in a plastic covering to protect it from the elements. The permit shall identify whether any dwelling unit within such building will be occupied during the work. If dwelling units within such building will be occupied during the work, the permit shall indicate the total number of dwelling units that will be occupied.
   Exception: Where a project information panel is required by section 3301.9.1 of the New York city building code, the permit shall be posted in accordance with such section, and no other permits shall be posted in any location readily visible to the public, except as provided in section 3301.9.5 of the New York city building code.
(Am. L.L. 2017/158, 8/30/2017, eff. 8/30/2018)
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