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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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§ 28-105.12.3 Adherence to lot diagram.
All work shall be strictly located in accordance with the lot diagram approved in accordance with this code and no lot or plot shall be changed, increased or diminished in area from that shown on the approved lot diagram, unless and until a revised diagram showing such changes, accompanied by the necessary statement of the owner or applicant, shall have been submitted to and approved by the commissioner.
§ 28-105.12.4 Compliance with safety requirements.
All work shall be conducted in accordance with and subject to the safety requirements of this code and other applicable laws or rules, including any order or requirement of the commissioner that the building or structure under construction or alteration be vacated, in whole or in part, during the progress of the work and until the issuance of a certificate of occupancy. Adjoining lots and properties shall be protected in accordance with this code.
§ 28-105.12.5 Compliance with noise control code required.
All work shall be performed in compliance with the provisions of the New York city noise control code as set forth in chapter 2 of title 24 of the administrative code. Failure to comply with sections 24-222 and 24-223 of the administrative code shall be a violation of this code.
§ 28-105.12.6 Deferred submittals.
Where permits are issued subject to deferred submittal of portions of the design as provided for in section 28-104.2.6, the deferred submittal items shall not be installed until the construction and submittal documents for such portions have been approved by the department and, where applicable, new or amended permits have been issued.
§ 28-105.12.7 Insurance.
Where workers compensation, employee disability or liability insurance is required by law or department rule, the applicant for the work permit shall obtain and include proof of such insurance with the work permit application. The permit shall expire by operation of law if the insurance upon which the permit was conditioned lapses, expires or is cancelled, unless the permit holder files proof of alternate insurance before such event.
§ 28-105.12.7.1 Insurance coverage for adjacent properties.
A person who obtains a permit for construction or demolition operations shall, at such person's own expense, procure and maintain for the duration of the operations, insurance of a kind and in an amount specified by rule of the department, to insure any and all adjacent property owners and their lawful occupants fully for all risks of loss, damage to property or injury to or death of persons, arising out of or in connection with the performance of the proposed work. Such person shall submit proof of insurance to the department when applying for a permit for construction or demolition work. The department shall provide such proof of such insurance together with the permit to the owners of adjoining property 30 days prior to the commencement of the construction or demolition work, except in the event that emergency work is authorized as defined in section 28-105.4.1 of this code. If such emergency work is necessary, the permit and proof of insurance shall be provided to owners of adjoining property within a reasonable timeframe.
(2018 N.Y. Laws Ch. 217, 8/24/2018, eff. 8/24/2018; 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.
§ 28-105.12.8 Site safety plan.
Where a site safety plan is required by this code or by the department, all work shall adhere to the site safety plan. Site safety plans shall require approval of the department where specified in this code or the New York city building code.
(Am. L.L. 2017/081, 5/10/2017, eff. 11/6/2017)
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