(a) There shall be a main office of the department and in each borough at least one branch office and a borough superintendent. Persons appointed as inspectors to perform functions of the department shall have such qualifications as shall be prescribed by the commissioner of citywide administrative services after consultation with the commissioner; provided however that, for inspections related to work on medical and natural gas piping systems, backflow prevention, electrical work and other work as the department may include through rule, such qualifications shall include:
(1) a minimum of five years of acceptable experience working in the construction industry;
(2) a license as a professional engineer or architect issued pursuant to the education law;
(3) a minimum of three years of acceptable experience working in the construction industry and a minimum of two years of formal training or education in a field of study relevant to the discipline(s) inspected;
(4) a minimum of two years of acceptable experience working in the construction industry and completion of an apprentice program, a minimum of three years in length, in a trade relevant to the discipline(s) inspected;
(5) a minimum of two years of formal training or education in a field of study relevant to the discipline(s) inspected and completion of an apprentice program, a minimum of three years in length, in a trade relevant to the discipline(s) inspected; or
(6) equivalent education and experience.
Further provided however that, for all other inspections, such qualifications shall include:
(1) a minimum of two years of acceptable experience working in the construction industry;
(2) 60 credits towards a degree in a field of study relevant to the discipline(s) inspected;
(3) a minimum of one year of acceptable experience working in the construction industry and a minimum of one year of formal training or education in a field of study relevant to the discipline(s) inspected;
(4) a license or certification in a field of study relevant to the discipline(s) inspected;
(5) completion of an apprentice program, a minimum of two years in length, in a trade relevant to the discipline(s) inspected; or
(6) equivalent education and experience.
(b) With respect to buildings and structures, the commissioner shall have the following powers and duties exclusively, subject to review only by the board of standards and appeals as provided by law:
(1) to examine and approve or disapprove plans for the construction or alteration of any building or structure, including the installation or alteration of any service equipment therein, and to direct the inspection of such building or structure, and the service equipment therein, in the course of construction, installation or alteration;
(2) to require that the construction or alteration of any building or structure, including the installation or alteration of any service equipment therein, shall be in accordance with the provisions of law and the rules, regulations and orders applicable thereto; but where there is a practical difficulty in the way of carrying out the strict letter of any provision of law relating to buildings in respect to the use of prescribed materials, or the installation or alteration of service equipment, or methods of construction and where equally safe and proper materials or forms of construction may be employed in a specific case, he may permit the use of such materials or of such forms of construction, provided that the spirit of the law shall be observed, safety secured and substantial justice done, but he shall have no power to allow any variance from the provisions of any law in any respect except as expressly allowed therein, or from any appellate ruling of the board of standards and appeals;
(3) to issue certificates of occupancy for any building or structure situated in the city, provided that:
a. no building or structure hereafter constructed may be occupied or used in whole or in part for any purpose until a certificate of occupancy has been issued;
b. no building or structure or part thereof for which a certificate of occupancy has not been previously issued or required shall be occupied or used for any purpose whatever in case such building shall hereafter be altered or converted so as to decrease or increase the number of living rooms or apartments, until a certificate of occupancy has been issued, except that this requirement shall not apply to any old law or new law tenement wherein two or more apartments are combined creating larger residential units, the total legal number of families within the building is being decreased, and the bulk of the building is not being increased;
c. no buildings hereafter altered or converted from one class to another class shall be occupied or used for any purpose whatever in case such building was vacant during the progress of the work, until a certificate of occupancy has been issued; in case such an alteration does not necessitate the vacating of the building during the progress of the work, the occupancy or use of the building shall not continue more than thirty days after the completion of such alteration, unless a certificate of occupancy has been issued;
d. a certificate of occupancy of a building or structure shall certify that such building or structure conforms to the requirements of all laws, rules, regulations and orders applicable to it and shall be in such form as the commissioner shall direct;
e. every certificate of occupancy shall, unless and until set aside, vacated or modified by the board of standards and appeals or a court of competent jurisdiction, be and remain binding and conclusive upon all agencies and officers of the city, and shall be binding and conclusive upon the department of labor of the state of New York, as to all matters therein set forth, and no order, direction or requirement affecting or at variance with any matter set forth in any certificate of occupancy shall be made or issued by any agency or officer of the city, or by the department of labor of the state of New York, or any commission, board, officer or member thereof, unless and until the certificate is set aside, vacated or modified by the board of standards and appeals or a court of competent jurisdiction upon the application of the agency, department, commission, officer or member thereof seeking to make or issue such order, direction or requirement. All such applications shall be made in writing and filed with the board or court for hearing thereon; and copies of the application and order, direction or requirement sought to be made or issued shall be served upon the owner of the building or structure and upon the commissioner of buildings, if he is not the applicant, and upon such terms and conditions as to service, notice, time and place of hearing as the board or court shall direct;
f. the commissioner may, on request of the owner of a building or structure or his authorized representative, issue a temporary certificate of occupancy for any part of such building or structure provided that such temporary occupancy or use would not in any way jeopardize life or property;
g. the commissioner may permit in specific cases experimental or demonstration construction not in compliance with the building code in order to obtain knowledge and information not supplied from other experiments within the city; the owner of such construction shall conduct such periodic tests and evaluations as the commissioner may specify and submit results and reports to the department of buildings as the commissioner may require; except as otherwise specifically permitted by the commissioner, the construction shall be erected and maintained in accordance with all provisions of applicable laws, rules and regulations.
(c) The commissioner may, by instrument in writing filed in the department, designate a borough superintendent of the department to possess within a borough any of the powers granted to the commissioner by subdivision (b) of this section and to exercise the same within such borough in the name of the commissioner for such times and under such conditions as he may specify. The borough superintendent shall also perform such other duties as the commissioner may direct.
(d) The commissioner shall review and certify any proposed subdivision of a zoning lot with any building thereon, in order to ensure that the subdivision will not result in any violation of the applicable zoning laws. For such purposes, the subdivision applicant shall file with the commissioner, prior to recordation with the city register or the county clerk in the case of Staten Island the following:
(1) a subdivision map of the entire original zoning lot with any building thereon; and
(2) a statement by the subdivision applicant assuring compliance of the proposed subdivision with applicable zoning laws.
(Am. L.L. 2017/219, 12/1/2017, eff. 12/1/2017)
Editor's note: For related unconsolidated provisions, see Administrative Code Appendix A at L.L. 1996/059.