§ 28-106.2.1 Materials.

The rules of the department of environmental protection relating to materials used in the construction of temporary structures for asbestos abatement activities shall contain a provision requiring such structures to be noncombustible or flame resistant in compliance with reference standard NFPA 255-06 or NFPA 701-99, as such standards may be modified by local law or by the Department of Buildings pursuant to applicable rules.

(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. 2009/037 and L.L. 2023/077.

§ 28-106.3 Permit exemption.

Except as otherwise provided by rule, work performed in the course of and only for the purpose of an asbestos project that is required to be permitted pursuant to section 24-138 of the administrative code shall be exempt from the permit requirements of this code.

(Am. L.L. 2015/038, 5/6/2015, eff. 5/6/2016)

Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2009/037.

§ 28-106.4 Definitions.

For the purposes of this article, the terms "asbestos" and "asbestos project" shall have the meanings as are ascribed in section 24-136 of the administrative code.

(Am. L.L. 2015/038, 5/6/2015, eff. 5/6/2016)

Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2009/037.

Article 107: Alteration Or Demolition of Single Room Occupancy Multiple Dwellings

§ 28-107.1 General.

The commissioner shall not approve construction documents, nor issue an initial or reinstated permit in connection therewith, for the alteration or demolition of a single room occupancy multiple dwelling except as set forth in this article. Applications for post approval amendments to construction documents are subject to this article where the application proposes a change within a covered category of work as set forth in section 28-107.3.

§ 28-107.2 Definitions.

The following words and terms shall, for the purposes of this article and elsewhere in the code, have the meanings shown herein.

   CLASS A MULTIPLE DWELLING, CLASS B MULTIPLE DWELLING, FURNISHED ROOM HOUSE, ROOMING UNIT AND SINGLE ROOM OCCUPANCY. Shall have the meanings set forth in section 27-2004 of the New York city housing maintenance code.

   SINGLE ROOM OCCUPANCY MULTIPLE DWELLING. A single room occupancy multiple dwelling means:

      1.   A "class A multiple dwelling" used in whole or part as a "rooming house" or "furnished room house," or for "single room occupancy" pursuant to section 248 of the New York state multiple dwelling law;

      2.   A "class A multiple dwelling" containing "rooming units"; or

      3.   A "class B multiple dwelling."

      Exception: The term single room occupancy multiple dwelling shall not include:

         1.   College or school dormitories;

         2.   Clubhouses;

         3.   Luxury hotels, as such term is defined by the commissioner of housing preservation and development; or

         4.   Residences whose occupancy is restricted to an institutional use such as housing intended for use by the employees of a single company or institution;

         5.   City-owned multiple dwellings; or

         6.   Any multiple dwelling, other than a lodging house, containing fewer than nine sleeping rooms, rooming units, single room occupancy units, or hotel units unless the total number of such units is more than fifty percent of the total number of dwelling units in such multiple dwelling; or

         7.   Any multiple dwelling that:

            7.1.   Is the subject of a program approved by the commissioner of housing preservation and development and related to the rehabilitation or preservation of a single room occupancy multiple dwelling or the provision of housing for persons of low or moderate income, other than a program consisting solely of real property tax abatement or tax exemption; and

            7.2.   Has been exempted from the provisions of this article by the commissioner of housing preservation and development.

         8.   Any building erected after May 5, 1983.

         9.   Any building lawfully altered pursuant to the provisions of this article after May 5, 1983, such that the building no longer meets the definition of single room occupancy multiple dwelling.

(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.

§ 28-107.3 Covered categories of work.

Applications for the approval of construction documents for the following categories of work are covered by this article:

   1.   Demolition of a single room occupancy multiple dwelling;

   2.   Alteration of a single room occupancy multiple dwelling to a class A multiple dwelling to be used in whole or in part for other than single room occupancy purposes;

   3.   Alteration of a single room occupancy multiple dwelling resulting in the removal or addition of kitchen or bathroom facilities; and

   4.   Such other types of alteration work to a single room occupancy multiple dwelling as shall be prescribed by rule of the commissioner of housing preservation and development, in consultation with the commissioner.

   Exceptions:

      1.   Work solely for the purpose of either (i) making the public areas of a multiple dwelling accessible to persons with disabilities without altering the configuration of any dwelling unit or rooming unit or (ii) making the interior or the entrance to a dwelling unit or a rooming unit accessible to persons with disabilities shall not be covered by this article.

      2.   Repairs, demolition or any other work performed by a city agency or by a contractor pursuant to a contract with a city agency shall not be covered by this article.