Where buildings are vacant, unguarded, open to unauthorized entry and are required to be sealed pursuant to the provisions of an unsafe building order issued by the Department of Buildings or a determination by the Department of Housing Preservation and Development that the condition is dangerous to life, health and safety, they shall be sealed and protected in the following manner:
(a) Buildings with exterior walls constructed of brick or other masonry.
(1) All exterior openings including door openings, which are in the cellar, basement and first story, or which are less than ten (10) feet from grade, shall be sealed with concrete block or stucco on plywood as provided below. All exterior openings which are on the course of a fire escape or are above the first story and less than six (6) feet measured horizontally from an opening in an adjoining building shall be sealed with concrete block or stucco on plywood as provided below. One door opening, readily visible from the street, may, at the discretion of the owner, be sealed with a padlocked metal roll-up door, one (1) hour fire rating metal door or an exterior door of one (1) and three-quarter (3/4) inch solid wood covered with twenty-six (26) U.S. gauge galvanized metal with edging turned over and nailed with flat head galvanized nails. The door of solid wood shall be hung in such a manner that no screws are exposed on the outside of the door on either the hinges or the hasps. Hinges shall not have removable hinge pins. Two hasps and locks shall be provided, located so as to divide the height of the door in equal sections.
(2) Concrete Block Seal.
(i) Concrete block shall conform to the provisions of Reference Standard RS-10 of the New York City Building Code.
(ii) All door and window frames shall be removed before concrete blocks are installed. Brickwork which new concrete blocks will abut, shall be cleaned and thoroughly wetted before blocks are installed.
(iii) Doors and windows, not exceeding three (3) feet in width, shall be sealed with concrete block at least four (4) inches in thickness. Openings exceeding three (3) feet in width shall be sealed with concrete blocks at least eight (8) inches in thickness.
(iv) Concrete blocks shall be laid in masonry cement mortar with a mix of not more than three (3) parts of sand for each part of masonry cement by volume. Joints in masonry shall be broken and exterior faces shall be struck. Blocks shall not extend beyond the brickline. Masonry cement shall conform to the provisions of Reference Standard RS-10 of the Building Code.
(3) Stucco on Plywood Seal:
(i) If the window frame is in a condition whereby plywood can be secured to it, five-eighth (5/8) inch CDX grade plywood shall be nailed into such frame openings with eight d (8d) common nails every twelve (12) inches. Galvanized wire lathe shall then be nailed to plywood using one (1) inch roof nails every twelve (12) inches. Wire lathe shall be covered by a one (1) inch coat of Portland cement with a float finish. Cement shall not extend beyond the opening's brickline.
(ii) If a window or door frame is in a condition whereby such plywood cannot be secured to it, the frame shall be removed. The opening shall then be framed-out with new grade one (1) wood or metal two (2) × four (4) inch top and bottom plates with wood or metal studs every sixteen (16) inches on center.
(iii) Openings exceeding three (3) feet shall be framed-out with new grade one (1) two (2) × four (4) inch top and bottom plates with wood or metal studs every sixteen (16) inches on center.
(b) Buildings with exterior walls constructed of material other than masonry. All exterior openings including door openings, which are in the cellar, basement and first story, on the course of a fire escape, are less than six (6) feet measured horizontally from an opening in an adjoining building or which are less than ten (10) feet from grade, shall be sealed with stucco on plywood as provided in this section or with five-eighth (5/8) inch CDX grade plywood which may be nailed directly to the window frame if such frame is in a condition which will enable such plywood to be attached, fastened directly to the exterior wall, or secured with bolts and battens in accordance with Detail "A". If such frame is not in a condition to enable such plywood to be attached, the opening shall be framed-out with new grade one (1) wood or metal two (2) × four (4) inch top and bottom plates with wood or metal studs every sixteen (16) inches on center. One door opening, readily visible from the street, may, at the discretion of the owner, be sealed with a padlocked metal roll-up door, one (1) hour fire rating metal door or an exterior door of one (1) and three-quarter (3/4) inch solid wood covered with twenty-six (26) U.S. gauge galvanized metal with edging turned over and nailed with flat head galvanized nails. The door of solid wood shall be hung in such a manner that no screws are exposed on the outside of the door on either the hinges or the hasps. Hinges shall not have removable hinge pins. Two hasps and locks shall be provided, located so as to divide the height of the door in equal sections.
(c) Openings in roofs which are accessible from an adjoining building shall be sealed as follows:
(1) Ventilating equipment and similar protruding structural elements in roofs shall be completely removed, except that dumbwaiter shafts extending above roof level need not be removed if the door opening into the shaft is sealed with concrete blocks or stucco on plywood. Openings remaining after removal of such equipment and/or protruding structural elements shall be sealed with one (1)-inch thick tongue and groove boards, not less than six (6) inches in nominal width or with five-eighth (5/8) inch CDX plywood, nailed onto three (3)-inch by eight (8)-inch joists, not more than sixteen (16) inches on center. Joists shall be secured to the roof timbers framed about the openings in a sound and secure manner. Boards shall be covered with ninety (90) pound roofing felt secured by one (1) inch roofing nails every twelve (12) inches or roofing cement to provide a watertight durable cover. Skylights at the top of the dumbwaiter shafts shall be sealed by removing the assembly, framing out the opening with new grade one (1) two (2) × four (4) inch joists on edge, sixteen (16) inches on center and then covered with five-eighth (5/8) inch CDX grade plywood. Such plywood shall then be covered with ninety (90) pound roofing felt secured by one (1) inch roofing nails every twelve (12) inches or roofing cement to provide a watertight durable cover.
(2) Roof skylights shall be secured by constructing a frame which encloses all sides of the skylight. The frame shall be constructed using new grade one (1) two (2) × four (4) inch single bottom plate and double top plate with wood or metal studs every sixteen (16) inches on center. Bottom plates shall be nailed to the building's roof joists with sixteen d (16d) common nails or sixteen d (16d) concrete nails every twelve (12) inches. Top plates shall overlap at the corners. New grade one (1) two (2) × six (6) inch joists on edge with headers, every sixteen (16) inches on center, shall bear on top plates. The entire frame shall then be covered with five-eighth (5/8) inch CDX grade plywood. A watertight durable cover shall be provided on the top of the frame using ninety (90) pound roofing felt secured by one (1) inch roofing nails every twelve (12) inches or roofing cement. A diagram for enclosure of roof skylight is provided at Detail "B".
(3) Public hall roof bulkheads shall be sealed as follows: Windows of bulkheads shall be removed and sealed with concrete blocks or stucco on plywood as provided in this section. Doors of bulkheads may be secured shut if the frame and door are in a condition whereby the door may be adequately secured. If not in such condition, the door and frame shall be removed and the opening shall be sealed with concrete blocks or stucco on plywood as provided in this section. Openings at top of roof bulkheads shall be sealed by removing the assembly, framing out the opening with new grade one (1) two (2) × eight (8) inch joists on edge, sixteen (16) inches on center and then covered with five-eighth (5/8) inch CDX grade plywood. Such plywood shall then be covered with ninety (90) pound roofing felt secured by one (1) inch roofing nails every twelve (12) inches or roofing cement to provide a watertight durable cover.
(d) Notification to utilities. Notification shall be made to the steam, electric and gas utility companies which provide service to the buildings to request discontinuance of service to the buildings. In addition, water service to the building shall be discontinued and certification to that effect from the Department of Environmental Protection shall be filed with the department.
(e) Rubbish removal and extermination. Prior to the completion of sealing of exterior openings as set forth in this section, all decomposable debris and rubbish shall be removed from the yards, courts and any area at the perimeter of the premises and the building shall be treated to exterminate rodents by a licensed exterminator.
(f) Hazardous combustible material within buildings. If hazardous materials which could cause a fire or explosion are discovered within the building, they shall be removed and disposed of in an appropriate manner prior to sealing.
(a) Submission of Request. Persons wishing to have access to the keys to a premises sealed by the Department of Buildings must appear in person at the Executive Offices of the New York City Department of Buildings. At this time they must submit form OP-14, "Request for Access to Sealed Premises," with section "A – Ownership Interest" and "B – Statement of Intent" both completed and notarized. Copies of the form are available at the Executive Offices of the Department of Buildings.
(b) Verification of Ownership Interest.
(1) The General Counsel's Office reviews the form to verify an ownership or leasehold interest in the premises. The person seeking to obtain access must provide the General Counsel's Office with some identification including a photograph (e.g. driver's license, passport) and whatever document establishes the person's ownership or leasehold interest in the premises. Examples of such documents include the following:
(i) a copy of a recorded deed;
(ii) a signed lease, along with the owner's name(s), address(es) and telephone number(s);
(iii) a mortgage agreement;
(iv) a State certified Certificate of Incorporation;
(v) signed partnership documents; and
(vi) any other document deemed acceptable by the Commissioner.
(2) A representative of the General Counsel's Office will review the above documentation to verify ownership interest. If ownership interest is verified, the representative will sign and date the form where indicated. This representative gives a copy of the signed form to the person seeking to obtain access and gives the original form to the office of Borough Operations.
(c) Obtaining the Key.
(1) Once the General Counsel's Office signs the form verifying ownership interest, the person seeking to obtain access must bring the following documents to the Office of the Executive Chief Inspector to substantiate the affirmations required by subdivision c of § 26-127.1 of the Administrative Code:
(i) a copy of Form OP-14 signed by the General Counsel's Office;
(ii) a copy of the computer index sheet listing the application and violations for the premises;
(iii) a copy of the vacate order;
(iv) a copy of all relevant outstanding violations;
(v) a copy of any relevant work permit issued by the Department of Buildings; (vi) a copy of all relevant plans approved by the Department; and
(vii) any other document deemed necessary by the Commissioner.
(2) A representative of the office of the Borough Operations will review the above documentation to determine if the person has the requisite need to gain access to the premises. If it is determined that access should be granted, the representative of the office of the Borough Operations will:
(i) have a photograph taken of the person seeking to obtain access, initial the photograph and attach it to the form;
(ii) obtain a copy of the identification including a photograph (e.g. drivers license, passport) and attach it to the form;
(iii) indicate on the form reasons for granting access;
(iv) specify on the form the date by which the keys must be returned;
(v) sign the form; and
(vi) give a copy of both sides of the completed form to the person receiving the key.
(d) Returning the key.
(1) All keys must be returned to the office of Borough Operations by the date indicated on the form.
(2) If a vacate order has been rescinded, all locks and chains must be returned with the keys.
(3) In order to obtain an extension of time for keeping the key, the person seeking access must appear in person at the Executive Offices with a notarized letter stating the reason for this request. A representative from the office of Borough Operations will review the request and, if accepted, will note the new return date on the original form and initial the change. The notarized letter will be attached to the original form.
(a) Hearings to determine whether sealing orders were properly issued by the Department of Buildings may be arranged through the General Counsel's office. A person challenging a sealing order may obtain a hearing by submitting a written request to the office of the General Counsel.
(b) The Office of Administrative Trials and Hearings (OATH) will be notified to schedule a hearing after the General Counsel's office receives the written request for the hearing. OATH will set the date and time for the hearing. The General Counsel's office will notify the person requesting the hearing as soon as OATH calendars the hearing. In the event that the person seeking the hearing fails to appear, the Commissioner's Order to seal the premises will remain in effect.
Loading...