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In all cases where the permitted work requires the issuance of a new or amended certificate of occupancy, the final inspection shall be performed by the department in the presence of the permit holder, the registered design professional of record or the superintendent of construction. Such inspection shall be performed after all work authorized by the building permit is completed and before the issuance of the certificate of occupancy. All failures to comply with the provisions of this code or approved construction documents shall be noted and the owner promptly notified thereof in writing. All defects noted in such inspection shall be corrected. Reports of such final inspections shall be maintained by the department. The final inspection report shall confirm that defects noted have been corrected, that the work is in substantial compliance with the approved construction documents and with this code and with other applicable laws and rules and that all required inspections were performed.
Exception: For amended certificates of occupancy subject to section 28-118.16.2, the term construction documents, as used in section 28-116.2.4.1, shall consist of an accurate and complete final lot survey made by a land surveyor, and floor and roof plans showing at a minimum compliance with exit requirements in accordance with this code.
In all cases where the permitted work does not require the issuance of a certificate of occupancy, the final inspection shall be performed by an approved agency on behalf of the owner or by the department as directed by the commissioner. The applicant shall take all reasonable and necessary steps to ensure that the final inspection is performed within one year after the expiration of the last permit. The inspection shall be performed after all work authorized by the building permit is completed. The approved agency performing the inspection shall report defective work and discrepancies with the approved construction documents to the contractor and, when applicable, to the superintendent of construction, for correction. The approved agency shall report uncorrected discrepancies and defective work to the registered design professional of record and the owner in writing. The approved agency shall report all conditions noted or observed as hazardous to life, safety or health that are not immediately corrected to the immediate attention of the commissioner. All defects noted in such inspection shall be corrected. The final inspection report shall confirm that defects noted have been corrected, that the work is in substantial compliance with the approved construction documents and with this code and other applicable laws and rules and that all required inspections were performed. Final inspection reports shall be filed with and maintained by the department. Records of final inspections made by approved agencies shall be maintained by such persons for a period of six years after sign-off or for such other period as the commissioner shall require and shall be made available to the department upon request.
Exceptions:
1. Final inspection shall be performed by the department for permitted work in R-2 occupancies if the building is listed on the department of housing preservation and development's website pursuant to paragraph 6 of subdivision m of section 27-2115 of the administrative code. The department shall charge a fee for such inspection.
2. Final inspection shall not be required for temporary construction equipment permits. Unless otherwise specified elsewhere in this code, the permit holder, owner, or owner's designee shall notify the department upon removal of the temporary construction equipment no more than two business days following the removal of such equipment in a form and manner acceptable to the Department.
(Am. L.L. 2017/149, 8/30/2017, eff. 12/28/2017; Am. L.L. 2021/126, 11/7/2021, eff. 11/7/2022; Am. L.L. 2021/146, 12/11/2021, eff. 6/9/2022; 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.
The final inspection of gas piping systems shall be performed by the department in the presence of the permit holder, the registered design professional of record or the superintendent of construction. Such inspection shall be performed after all work authorized by the building permit is completed. All failures to comply with the provisions of this code or approved construction documents shall be noted and the owner promptly notified thereof in writing. All defects noted in such inspection shall be corrected. Reports of such final inspections shall be maintained by the department. The final inspection report shall confirm that defects noted have been corrected, that the work is in substantial compliance with the approved construction documents and with this code and with other applicable laws and rules and that all required inspections were performed.
(L.L. 2016/151, 12/6/2016, eff. 1/1/2018)
It shall be the duty of the permit holder to notify the department or the person or entity designated to perform the inspection when work requiring inspection is ready to be inspected. It shall be the duty of the permit holder to provide access to and means for inspection of such work for any inspections that are required by this code.
Upon submission of a satisfactory report of final inspection and all required submittal documents, the department shall document the sign-off of the project and issue a letter of completion, or, if applicable, a certificate of occupancy for the work. The owner shall take all necessary steps required by the department for the issuance of such letter of completion or certificate of occupancy within one year following the expiration of the last permit.
(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.
The following types of service equipment shall not be operated until the department issues a certificate of compliance after submission of a satisfactory report of inspection and testing of such equipment in accordance with this code and all required submittal documents:
1. Air-conditioning, ventilation and exhaust systems
2. Elevators, escalators, moving walkways and dumbwaiters
3. Fuel burning and fuel-oil storage equipment
4. Refrigeration systems
5. Heating systems
6. Boilers.
Exception: A certificate of compliance shall not be required in connection with work specifically exempted from permit requirements in accordance with this code or department rules.
The department may refuse to issue a letter of completion or certificate of occupancy pending payment of all outstanding fines or civil penalties imposed for violations of this code, the 1968 building code or other laws enforced by the department at the same building.
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