(a) Definitions. For the purposes of this section, the following definitions shall apply:
(1) Architect. "Architect" shall mean a person licensed and registered to practice the profession of architecture under the education law of the state of New York.
(2) Engineer. "Engineer" shall mean a person licensed and registered to practice the profession of engineering and use the title "Professional Engineer" and the initials "P.E." under the education law of the state of New York.
(b) Conditions of Limited Supervisory Check and/or Professional Certification. In accordance with § 27-143 of the Administrative Code of the City of New York, the Commissioner may exercise his or her discretion in designating portions of the examination of applications and plans for the construction of new buildings or the alteration of existing buildings for limited supervisory check and/or professional certification predicated upon statements and representations made by the architect or engineer of record, and his or her associates where applicable, provided the following conditions are met:
(1) That complete and coordinated architectural, structural and mechanical plans are or have been filed.
(2) That, where applicable, the portion for limited supervisory check be clearly and specifically identified. However, such identified portion shall not include compliance with the zoning resolution nor the exit requirements of the building code or other applicable laws.
(3) That, where applicable, the necessary certifications and appropriate approvals have been obtained regarding the following topics or from the following agencies:
(i) Landmarks, landmark sites and historic districts.
(ii) Sewers.
(iii) Urban Renewal Areas.
(iv) Transit Authority for the effect on subways.
(v) Compliance with General City Law, Section 35.
(vi) Liability Insurance.
(vii) Board of Standards and Appeals.
(viii) Department of Environmental Protection.
(ix) Department of Housing Preservation and Development.
(x) Department of Transportation.
(xi) Fire Department.
(xii) Loft Board.
(xiii) Department of City Planning.
(xiv) U.S. Department of State.
(xv) Department of Cultural Affairs.
(xvi) Any other approval or certification of which the professional knows or should know is required prior to submitting an application.
(4) That the architect or engineer of record and associate architects or engineers, if any, are aware that the Commissioner, in the exercise of his or her discretion in accordance with § 27-143 of the Administrative Code, will rely upon the truth and accuracy of the statements contained in the construction application made by them, and any amendments submitted in connection therewith, as to compliance with the provisions of the Zoning Resolution, the Building Code and other applicable laws and regulations.
(5) That the architect or engineer of record and associate architects or engineers, if any, shall comply with the provisions of the Zoning Resolution, the Building Code and other applicable laws and regulations or shall resolve any non-compliance as provided in paragraph 6, below.
(6) That, prior to the limited supervisory check and/or professional certification, any non-compliance shall be resolved by reconsideration or otherwise. Such reconsideration or other resolution shall be in writing and shall be submitted with the application that qualifies for limited supervisory check and/or professional certification.
(7) That, should Department audit indicate a non-compliance with the Zoning Resolution, the Building Code and/or other applicable laws and regulations, the architect or engineer of record shall take the necessary remedial measures to obtain compliance.
(8) That the owner is aware of the application and the conditions under which it is being submitted and agrees to comply with any requirement for remedial measures, if necessary.
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