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NEW YORK CITY ADMINISTRATIVE CODE
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Title 28: New York City Construction Codes
Chapter 1: Administration
Article 101: General
Article 102: Applicability
Article 103: Duties and Powers of Commissioner Of Buildings
§ 28-103.1 Jurisdiction.
§ 28-103.1.1 Installation of equipment required by the New York city fire code.
§ 28-103.1.2 Enforcement of New York city construction codes on property within the jurisdiction of the department of small business services.
§ 28-103.1.3 Innovation review board.
§ 28-103.1.3.1 Meetings and recommendations.
§ 28-103.2 Interpretation.
§ 28-103.3 Variations.
§ 28-103.4 Appeals.
§ 28-103.5 Seal; judicial notice.
§ 28-103.6 Proofs, affidavits and oaths.
§ 28-103.7 Cooperation of other departments.
§ 28-103.7.1 Sharing results of buildings inspections.
§ 28-103.8 Matters not provided for.
§ 28-103.9 Additional tests.
§ 28-103.10 Supporting documentation for materials.
§ 28-103.11 Applications and permits.
§ 28-103.12 Identification.
§ 28-103.13 Right of entry.
§ 28-103.14 Department records.
§ 28-103.14.1 List of permits for cellular antenna.
§ 28-103.15 Insurance.
§ 28-103.16 Inspections of existing buildings, structures, signs, service equipment and construction machinery and equipment.
§ 28-103.17 Certain outside work, employment and financial interests of department employees prohibited.
§ 28-103.18 Investigation of complaints.
§ 28-103.18.1 Complaint records.
§ 28-103.19 Addition, modification, and deletion of referenced standards.
§ 28-103.20 Existing rules continued.
§ 28-103.21 Incident lists.
§ 28-103.21.1 Reporting.
§ 28-103.22 Outreach on security grille visibility requirements.
§ 28-103.23 Manual on flood construction and protection standards.
§ 28-103.24 Electronic submissions.
§ 28-103.25 Hotel development plans.
§ 28-103.26 Reporting to the federal occupational safety and health administration.
§ 28-103.27 Disclosure of building occupancy status for buildings subject to permit.
§ 28-103.28 Site safety training (SST) task force.
§ 28-103.29 Reporting regarding implementation of section 3321 of the New York city building code.
§ 28-103.29.1 Audits of training provided in connection with section 3321 of the New York city building code.
§ 28-103.30 Real time enforcement unit.
§ 28-103.30.1 Tracking complaints related to work without a permit.
§ 28-103.30.2 Monitoring occupied multiple dwellings with permits for alteration or addition.
§ 28-103.30.3 Inspections.
§ 28-103.30.4 Violations.
§ 28-103.30.5 Report.
§ 28-103.31 Report on site safety manager and coordinator certifications.
§ 28-103.32 Education and outreach regarding single-occupant toilet room requirements.
§ 28-103.32.1 Reporting.
§ 28-103.33 Office of alternative energy.
§ 28-103.33.1 Definitions.
§ 28-103.33.2 Duties of the office of alternative energy.
§ 28-103.33.3 Reporting.
§ 28-103.33.4 Posting of information.
§ 28-103.33.4.1 Information regarding installation of green roof systems.
§ 28-103.34 Electronic mail address.
§ 28-103.34.1 Electronic notification.
§ 28-103.35 Electronic mail notice of construction project updates.
§ 28-103.36 Bird friendly design and construction requirements.
§ 28-103.37 Education and outreach on solar and green roof systems.
Article 104: Construction Documents
Article 105: Permits
Article 106: Asbestos
Article 107: Alteration Or Demolition of Single Room Occupancy Multiple Dwellings
Article 108: Pavement Plan
Article 109: Fire Protection Plan
Article 110: Site Safety Plan
Article 111: Temporary Structures and Uses
Article 112: Fees
Article 113: Materials
Article 114: Approved Agencies
Article 115: Special Inspection Agencies and Special Inspectors
Article 116: Inspections and Sign-off of Completed Work
Article 117: Places of Assembly
Article 118: Certificates of Occupancy
Article 119: Service Utilities
Article 120: Tenant Protection Plan
Chapter 2: Enforcement
Chapter 3: Maintenance of Buildings
Chapter 4: Licensing and Registration of Businesses, Trades and Occupations Engaged in Building Work
Chapter 5: Miscellaneous Provisions
Chapter 6: New York City Plumbing Code
Chapter 7: New York City Building Code
Chapter 8: New York City Mechanical Code
Chapter 9: New York City Fuel Gas Code
Chapter 10: New York City Energy Code
Chapter 11: The New York City Electrical Code
Title 29: New York City Fire Code
Title 30: Emergency Management
Title 31: Department of Veterans' Services
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Title 33: Investigations
Title 34: Racial Equity
Appendix A: Unconsolidated Local Laws
The Rules of the City of New York
THE RULES OF THE CITY OF NEW YORK
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Title 19: Department of Finance
Title 20: Tax Appeals Tribunal
Title 21: Tax Commission
Title 22: Banking Commission
Title 24: Department of Health and Mental Hygiene
Title 25: Department of Mental Health and Retardation [Repealed]
Title 28: Housing Preservation and Development
Title 29: Loft Board
Title 30: Rent Guidelines Board
Title 31: Mayor's Office of Homelessness and Single Room Occupancy
Title 34: Department of Transportation
Title 35: Taxi and Limousine Commission
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Title 38-A: Civilian Complaint Review Board
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Title 43: Mayor
Title 44: Comptroller
Title 45: Borough Presidents
Title 46: Law Department
Title 47: Commission on Human Rights
Title 48: Office of Administrative Trials and Hearings (OATH)
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Title 57: Art Commission
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Title 60: Civil Service Commission
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Title 62: City Planning
Title 63: Landmarks Preservation Commission
Title 66: Department of Small Business Services
Title 67: Department of Information Technology and Telecommunications
Title 68: Human Resources Administration
Title 69: Department of Aging
Title 70: In Rem Foreclosure Release Board
Title 71: Voter Assistance Commission
Title 72: Office of Emergency Management
Title 73: Civic Engagement Commission
Title 74: Community Hiring
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§ 28-103.1.3.1 Meetings and recommendations.
The commissioner shall convene the innovation review board at least quarterly, or more often as the commissioner may deem necessary to address issues in a timely manner to (i) review specific projects that propose to employ new technologies, design or construction techniques, materials or products, (ii) review proposals for approval of and to initiate reviews of such of new technologies, design or construction techniques, materials or products in order to determine their environmental and sustainability benefits, (iii) make recommendations as to under what conditions and for what purposes each may be appropriately employed in New York city, and (iv) streamline approvals of specific innovative projects. If the board recommends that a technology, design or construction technique, material or product may appropriately be employed, the commissioner shall consider such recommendation and may by rule or other method as the commissioner deems appropriate, authorize the use of such technology, design or construction technique, material or product and under what conditions and for what purposes each may be appropriately employed. The commissioner shall state in writing to the interagency green team established pursuant to subdivision i of section twenty of the charter what action the commissioner shall take with respect to each such recommendation and the reasons for the action taken.
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2010/005.
§ 28-103.2 Interpretation.
This code shall be liberally interpreted to secure the beneficial purposes thereof.
§ 28-103.3 Variations.
The requirements and standards prescribed in this code shall be subject to variation in specific cases by the commissioner, or by the board of standards and appeals, under and pursuant to the provisions of paragraph two of subdivision (b) of section six hundred forty-five and section six hundred sixty-six of the New York city charter, as amended.
§ 28-103.4 Appeals.
An appeal from any decision or interpretation of the commissioner may be taken to the board of standards and appeals pursuant to the procedures of the board, except as provided in section 25-204 of the administrative code or as otherwise provided in this code.
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2008/008.
§ 28-103.5 Seal; judicial notice.
The commissioner may design and adopt a seal for the department for use in the authentication of the orders and proceedings of the department, and for such other purposes as the commissioner may prescribe. The courts shall take judicial notice of such seal, and of the signature of the commissioner, the deputy commissioners, and the borough superintendents of the department.
§ 28-103.6 Proofs, affidavits and oaths.
Proofs, affidavits and examinations as to any matter arising in connection with the performance of any of the duties of the department may be taken by or before the commissioner, or a deputy commissioner, or such other person as the commissioner may designate; and such commissioner, deputy or other person may administer oaths in connection therewith.
§ 28-103.7 Cooperation of other departments.
Upon request of the commissioner, it shall be the duty of all departments to cooperate with the department of buildings at all times, and to furnish to such department such information, reports and assistance as the commissioner may require.
§ 28-103.7.1 Sharing results of buildings inspections.
The commissioner, the fire commissioner and the commissioner of the department of environmental protection shall share information regarding violations issued as a result of inspections of buildings meeting agreed-upon criteria that are relevant to the responsibilities of each department.
(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. 2009/039 and L.L. 2021/126.
§ 28-103.8 Matters not provided for.
Any matter or requirement essential for fire or structural safety or essential for the safety or health of the occupants or users of a structure or the public, and which is not covered by the provisions of this code or other applicable laws and rules, shall be subject to determination and requirements by the commissioner in specific cases.
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