Subchapter A: Administration
(a) Pursuant to § 28-104.6 of the Administrative Code, the commissioner is authorized to allow persons other than registered design professionals to be the applicant for the approval of construction documents. Pursuant to § 28-104.7.12 of the Administrative Code, the commissioner is authorized to waive the submission of any of the required construction documents. The commissioner can waive this submission if review of such documents is not necessary to ascertain compliance with the Construction Codes or is not required for the phase of work for which a permit is sought. Notwithstanding the following provisions, the commissioner reserves the right to require the filing of narratives or sketches showing compliance with the provisions of this code for the categories of work described below.
(1) Selected plumbing work. In connection with the filing of applications for construction document approval, the applicant need not be a registered design professional and required plans need not be submitted for the following types of plumbing applications:
(i) Temporary exhibits. Temporary exhibits, defined for purposes of this rule as plumbing for temporary installations used for exhibition purposes when not designed for sanitary use and not directly connected to a sewerage, water supply, or water distribution system.
(ii) Domestic gas dryers in residential occupancies. Domestic gas dryers in residential occupancies that are vented directly through an exterior wall and that comply with items A through I, below:
(A) Licensed Master Plumber required. The installation application shall be filed by a Licensed Master Plumber (LMP) as a Limited Alteration Application (LAA1).
(B) Limitation to R-3 occupancies. The installation shall be limited to a one- or two-family residence, three stories or fewer in height.
(C) Testing and installation of gas dryers. The gas dryers shall comply with the reference standards in Section FGC 613 and the installation shall comply with the manufacturer's instructions including any special vent pipe material for relatively low flue gas temperatures as recommended by the manufacturer.
(D) Wall penetration. The vent and combustion air wall penetration shall be limited to a single penetration of four inches in diameter or one opening that is a maximum of four inches square. The entire exhaust system shall be supported and secured in place.
(E) Dryer duct. The maximum length of a clothes dryer duct shall not exceed 25 feet from dryer location to the outlet terminal. Deductions for bends must be accounted for as outlined in Sections MC 504.6.1 and FGC 614.6.1.
(F) Sketches required. The LMP shall submit detailed sketches of the piping installation and wall penetration. (See Figure 1 below).
(G) Vent termination. The location of the vent termination shall comply with Section FGC 614.4, the manufacturer's specifications, and the following:
1. Vent termination shall not be located at lot line walls or within three feet of lot lines;
2. The front, side or rear wall vent terminations shall be free of obstructions;
3. The vent opening shall not be located or constructed so as to create a fire or health hazard;
4. The LMP shall ensure that the building's structural integrity is not compromised due to the wall penetration opening. Openings shall be located so as to avoid cutting into studs, joists, or any other structural member;
5. Clearance from regional snow line. The vent shall be a minimum of three feet above the adjacent grade; and
6. Vent termination shall be thermally sealed in accordance with section 402.4 of the Energy Conservation Construction Code of New York State (ECCCNYS).
(H) Inspection. A gas roughing-in, gas test and gas finish inspection by the Department of Buildings or self certification shall be required on new installations. When filing for existing dryers that vent through the outer wall, only a finish inspection is required when filed on an LAA1 form.
(I) Gas authorization. Upon successful inspections, the LMP shall request gas authorization and an LAA1 sign-off.
(iii) In-kind replacement of gas-fired boilers, hot water heaters and furnaces. In-kind replacement of gas-fired boilers, hot water heaters and furnaces that are vented directly through exterior walls, and comply with items A through I, below:
(A) Licensed Master Plumber required. The installation application shall be filed by a Licensed Master Plumber (LMP) as a Limited Alteration Application (LAA1).
(B) Limitation to R-3 occupancies. The installation shall be limited to a one- or two-family residence, three stories or fewer in height.
(C) Testing and installation of gas-fired boiler, hot water heater or furnace. The gas-fired boiler, hot water heater or furnace shall be tested in accordance with Section FGC 631.1 and the installation shall comply with the manufacturer's instructions, including any special vent pipe material for relatively low flue gas temperatures.
(D) Efficiency and input capacity. The boiler, heater, or furnace must have a minimum efficiency of 85% or as required by the ECCCNYS, whichever is greater, and an input capacity of 350,000 Btu/hr or less.
(E) Wall penetration. The vent and combustion air wall penetration shall be limited to a single penetration of six inches in diameter or one opening that is a maximum of six inches square. The Department may permit two separate penetrations of four inches in diameter, provided the LMP performing the work certifies in the job description of the LAA1 that no adapter is available from the manufacturer for the given equipment and provides valid manufacturer's contact information for verification of the unavailability of adapters.
(F) Sketches required. The LMP shall submit a detailed sketch of the piping installation and wall penetration. (See Figure 2 below).
Figure 2 – Sample sketch to be submitted with LAA1
(G) Vent termination. The location of the vent termination shall comply with ANSI Z21.13, the manufacturer's specifications, and the following:
1. Vent termination shall not be located at lot line walls or within three feet of lot lines;
2. The front, side or rear wall vent terminations shall be free of obstructions;
3. The vent opening shall not be located or constructed so as to create a fire or health hazard;
4. The LMP shall ensure that the building's structural integrity is not compromised due to the wall penetration opening. Openings shall be located so as to avoid cutting into studs, joists, or any other structural member;
5. Clearance from regional snow line. The vent shall be a minimum of three feet above the adjacent grade; and
6. Vent termination shall be thermally sealed in accordance with ECCCNYS section 402.4
(H) Inspection. A gas roughing-in, gas test and gas finish inspection by the Department of Buildings shall be required. Self certification shall not be permitted.
(I) Gas authorization. Upon successful inspections, the LMP shall request gas authorization and an LAA1 sign-off.
(2) Selected elevator work. In connection with the filing of applications for construction document approval, the Applicant is not required to be a registered design professional and design drawings are not required to be submitted for work performed, pursuant to Section 3.10.12 of of the New York City Building Code. This update applies to the following items (i) through (v) below:
(i) Elevator Agency Director required. The installation application shall be filed by a Department approved elevator agency director ("Applicant");
(ii) Design Approval. The controller manufacturer or a registered design professional approves the design and/or controller modifications in accordance with Section 3.10.12 of , and the Applicant must submit with the application proof, in a form and manner acceptable to the commissioner, of such approval.
(iii) Design drawings and any controller modifications must be dated, contain unique drawing numbers, and specify the relevant premises and elevator device number.
(iv) The following documents must be maintained in the subject premises' machine room and made available to the Department upon request:
(A) A copy of the design drawings and any controller modifications with the controller manufacturer's stamp;
(B) A letter on the controller manufacturer or registered design professional's business letterhead, attesting that the door monitoring system's design and any controller modifications comply with the Construction Codes and all ANSI requirements.
(v) Inspection. The Applicant inspects and tests such work on behalf of the owner and in the presence of an independent approved elevator agency not affiliated with the Applicant, which witnesses the test ("witnessing agency") with following conditions:
(A) The Applicant must notify the department at least 48 hours prior to such inspection and testing.
(B) Pursuant to § 28-304.6.3 of the Administrative Code, the Applicant must report any unsafe or hazardous conditions to the department.
(C) Provided there are no unsafe or hazardous conditions, both the Applicant and the witnessing agency inspector(s) must sign the inspection certificate at the site before returning the device to service.
(D) Pursuant to § 28-304.6.5 of the Administrative Code, the Applicant submits an inspection and test report to the department.
(3) Selected mechanical work. In connection with the filing of applications for construction document approval, the applicant need not be a registered design professional and required plans need not be submitted for the following types of mechanical applications:
(i) Fuel-oil burning equipment. Replacement of or alteration to existing fuel-oil burning equipment, provided that the applicant is a licensed oil burner-installer, the aggregate capacity of the equipment does not exceed 600,000 BTU per hour and the number of fuel-oil burning devices does not increase or decrease by more than one unit.
(ii) Fuel-oil storage tanks. Replacement of existing fuel-oil storage tanks, provided the applicant is a licensed oil burner-installer, the capacity of each replacement tank does not exceed 330 gallons and each such replacement tank meets the alternate tank design and construction standards contained in Section MC 1305.14.
(4) Selected fire suppression work. In connection with the filing of applications for construction document approval, the applicant need not be a registered design professional and required plans need not be submitted for the following types of fire suppression applications which shall be classified as Limited Sprinkler Applications:
(i) An alteration to an existing sprinkler system where the total cost of the proposed work in the building does not exceed twenty five thousand dollars in any 12-month period and the proposed work is limited to the following:
(A) Replacement of parts required for the operation of a sprinkler system;
(B) Replacement of sprinkler heads, provided that orifice sizes, type and deflector positions remain the same;
(C) Changes that do not alter the type of sprinkler system;
(D) Relocation of piping that does not affect the operation of the sprinkler system;
(E) Rearrangement of not more than 20 sprinkler heads in areas presently sprinklered in light hazard occupancy, as such term is defined in reference standards, which will remain in such occupancy, provided that the addition of sprinkler heads in existing systems shall be limited to light hazard occupancies in rooms or spaces not exceeding 800 feet (74.3 m
2
) requiring only one head with the maximum spacing allowed by the code, and provided that the number of new heads does not exceed a total of five; or
(F) Rearrangement of not more than 20 sprinkler heads in areas presently sprinklered in restaurant service areas classified in Group 1 ordinary hazard occupancy or mercantile areas classified in Group 2 ordinary hazard occupancy, as such term is defined in reference standards as modified by Appendix Q of the Building Code, which will remain in such occupancy, provided that the addition of sprinkler heads in existing systems shall be limited to such occupancies in rooms or spaces not exceeding 800 square feet (74.3 m
2
) requiring only one head with the maximum spacing allowed by the code, and provided that the number of new heads does not exceed a total of five.
(b) Work shall comply with all requirements of the applicable codes and other applicable laws and rules, including, where applicable, those imposed by other governmental agencies.
(c) Nothing in this rule is intended to alter or diminish any obligation otherwise imposed by law on others, including but not limited to, the owner, construction manager, general contractor, contractor, materialman, architect, engineer, site safety manager, land surveyor, or other party involved in a construction project to engage in sound engineering, design, and construction practices, and to act in a reasonable and responsible manner to maintain a safe construction site.
(Amended City Record 4/20/2018, eff. 5/20/2018; amended City Record 3/4/2022, eff. 4/3/2022)
The department shall be authorized to charge the following fees:
Periodic inspection or Reinspection of high-pressure boilers, low-pressure boilers and elevators following a violation. | $65 per device | |||
Acknowledgement. | $2 each | |||
Certificate of occupancy. | $5 per copy | |||
Certificate of pending violation: Multiple and private dwellings. | $30 per copy | |||
Certified copy of license. | $5 per copy | |||
Records management fee for applications for new buildings and alterations and associated documentation. | $45 for one-, two- or three-family dwellings $165 for all other types of buildings | |||
• Exception: Applications that are exempt from fees in accordance with § 28-112.1 of the Administrative Code | ||||
Boiler filings | ||||
• Affirmation of correction | $30 | |||
• Filing extension | $15 | |||
• Removal or disconnection | $45 | |||
• Waiver of penalties | $30 | |||
Preparing only or preparing and certifying a copy of a record or document filed in the department, other than a plan, certificate of occupancy or certificate of pending violation. | $8.00 for the first page and $5.00 for each additional page or part thereof (a page consists of one face of a card or other record) | |||
Half-size print from microfilm of a plan thirty-six by forty-eight inches or less. | $8.00 per copy | $5.00 per additional copy | ||
Half-size print from microfilm of a plan exceeding thirty-six by forty-eight inches. | $16.00 per copy | $5.00 per additional copy | ||
Electrician's license. | Initial: $310 | Renewal $90 | Late Renewal: $400 (initial fee plus renewal fee) | Reissuance: $50 |
Licensing: | ||||
• Written examination | $585
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• Practical examination | $530
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• Background investigation class 1 (includes experience) | $500 | |||
• Background investigation class 2 (does not include experience) | $330 | |||
Elevator agency director / co-director license.
| Initial: $100 | Renewal: $150 | Late-renewal: $50 | Reissuance: $50 |
Elevator agency inspector license.
| Initial: $50 | Renewal: $75 | Late-renewal: $50 | Reissuance: $50 |
Elevator agency technician license card processing.
| Initial: $50 | Renewal: $50 | Late-renewal: $50 | Reissuance: $50 |
Restricted elevator agency technician license card processing.
| Initial: $50 | Renewal: $50 | Late-renewal: $50 | Reissuance: $50 |
Elevator agency helper card.
| Initial: $50 | Reissuance: $50 | ||
Concrete safety manager registration. | Initial: $150 | Renewal: $100 | Late-renewal: $50 | Reissuance: $50 |
Electrical permit initial application (excluding minor work). | $40 | |||
Electrical permit (excluding minor work) | Fee per unit (NOTE: The total additional fee is computed by calculating the sum of the units. The total additional fee, due prior to electrical sign-off or as otherwise provided by the department's rules, shall not exceed five thousand dollars): | |||
• Each outlet, each fixture, each horsepower or fraction thereof of a motor or generator, each kilowatt or fraction thereof of a heater, each horsepower or fraction thereof of an air conditioner, each kilovolt-ampere or fraction thereof of a transformer installed, altered or repaired shall be assigned the value of one unit: | ||||
1 - 10 units | $0 | |||
Over 10 units | $.25 | |||
• For each service switch installed, altered or repaired: | ||||
0 - 100 Amperes | $8.00 | |||
101 - 200 Amperes | $30.00 | |||
201 - 600 Amperes | $105.00 | |||
601 - 1,200 Amperes | $225.00 | |||
Over 1,200 Amperes | $375.00 | |||
• For each set of service entrance cables and for each set of feeder conductors installed, altered or repaired: | ||||
Up to #2 conductors | $15.00 | |||
Over #2 to #1/0 conductors | $30.00 | |||
Over #1/0 to 250 MCM | $45.00 | |||
Over 250 MCM | $75.00 | |||
• For each panel installed, altered or repaired: | ||||
1 phase up to 20-1 or 10-2 pole cutouts or breakers | $15.00 | |||
1 phase over 20-1 or 10-2 pole cutouts or breakers | $37.50 | |||
3 Phase up to 225 amperes | $50.00 | |||
3 Phase over 225 amperes | $75.00 | |||
• For each sign manufactured (in-shop inspections): | $40.00 | |||
• For each sign manufactured (on-site inspections): | ||||
0 to 30 square feet | $65.00 | |||
31 to 60 square feet | $90.00 | |||
Over 60 square feet | $115.00 | |||
• For each elevator: | ||||
10 floors or less | $125.00 | |||
Every additional ten or fewer floors | $83.00 | |||
• For wiring or rewiring boiler controls in buildings. | $12.00 | |||
Electrical permit (minor work pursuant to § 27-3018(h) of the Administrative Code). | $15 | |||
Duplicate copy of notice of electrical violation. | $5 | |||
Elevator filings | ||||
• Category 3 and 5 | $40 | |||
• Affirmation of correction | $40 | |||
• Waiver of penalties | $35 | |||
Technical report filings | ||||
• Concrete | $130 per filing | |||
Facade inspection reports | ||||
• Initial filing | $425
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• Amended/subsequent filing | $425
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• Application for extension of time to complete repairs | $305
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Reinspection made necessary by a failure to correct a condition or respond to a request for corrective action.
| $225 each inspection
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On-site inspection of cranes application renewal. | $100 each inspection
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Accelerated inspection made necessary by a request for an after hours inspection. | $95 each inspection plus $50 for every 2,000 square feet of floor area, but not less than $50 per story.
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Special inspection agency registration. | Initial: $200 plus a $30 endorsement fee per special inspection category | Renewal: $90 plus a $30 endorsement fee per special inspection category | ||
Energy efficiency reports | ||||
• Initial filing | $375 | |||
• Extension request | $155 | |||
• Amendments | $145 | |||
Energy Code compliance review
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• One-, two- or three-family dwellings | $220
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• Alteration for other than one-, two- or three-family dwellings | $525
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• New buildings and Alteration that changes the C of O for other than one-, two- or three-family dwellings | $875
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Filing representative registration. | Initial: $50 for a 1-year registration or $150 for a 3-year registration. | Renewal: $50 for a 1-year renewal or $150 for a 3-year renewal. | Late-renewal: $50 | Reissuance: $50 |
Filing structurally compromised building inspection report | $500 | |||
Retaining wall inspection reports | ||||
• Initial filing | $355 | |||
• Amended filing | $130 | |||
• Application for extension of time to complete repairs | $260 | |||
Registration of energy auditor or retro-commissioning agent who is not a registered design professional. | Initial: $200 | Renewal: $90 | ||
Individual private on-site sewage disposal system | $725
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o First plan examination review | Included in the filing fee
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o Second plan examination - review of objection(s) | Included in the filing fee
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o Appeal after the above two reviews that consist of (1) a plan examination objection and (2) an affirmation of that objection after a second plan examination (which results in an Appeal Determination) | $1,000
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o Request for a variation of the Construction Codes | $1,000
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o Request for a variation of the 1968 or prior Building Code | $1,000
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o Request for a variation of Section 277.16 of the New York State Multiple Dwelling Law (MDL) for Article 7B buildings | $1,000
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o Pre-determination request with respect to the Zoning Resolution, Construction Codes or 1968 or prior Building Code | $1,000
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• Exception: No fee will be charged for proposed one-, two-, or three-family dwellings or for alterations to one-, two- or three-family dwellings (excluding conversions of one-, two- or three-family dwellings to any structure other than a one-, two- or three-family dwelling).
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• Exception: No fee will be charged for any building that the New York City Department of Housing Preservation and Development certifies is for the construction or rehabilitation of affordable housing and is expected to receive or has received (i) a conveyance of municipally owned property, pursuant to Article 15 or 16 of the General Municipal Law, (ii) a loan, grant or tax exemption, pursuant to the Private Housing Finance Law or the General Municipal Law, (iii) a tax exemption, pursuant to Section 420-c of the Real Property Tax Law, (iv) a transfer, pursuant to an in rem foreclosure judgment, pursuant to § 11-412.1 of the code, or (v) funding for repairs, pursuant to Section 778 of the Real Property Actions and Proceedings Law.
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Appeal from: | ||||
o Denial of a request for a variation of the Construction Codes | $2,500
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o Denial of a request for a variation of the 1968 or prior Building Code | $2,500
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o Denial of a request for a variation of Section 277.16 of the New York State Multiple Dwelling Law (MDL) for Article 7B buildings | $2,500
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o Pre-determination with respect to the Zoning Resolution, Construction Codes or 1968 or prior Building Code | $2,500
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o Appeal Determination | $2,500
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• Exception: No fee will be charged for proposed one-, two-, or three-family dwellings or for alterations to one-, two- or three-family dwellings (excluding conversions of one-, two- or three-family dwellings to any structure other than a one-, two- or three-family dwelling).
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• Exception: No fee will be charged for any building that the New York City Department of Housing Preservation and Development certifies is for the construction or rehabilitation of affordable housing and is expected to receive or has received (i) a conveyance of municipally owned property, pursuant to Article 15 or 16 of the General Municipal Law, (ii) a loan, grant or tax exemption, pursuant to the Private Housing Finance Law or the General Municipal Law, (iii) a tax exemption, pursuant to Section 420-c of the Real Property Tax Law, (iv) a transfer, pursuant to an in rem foreclosure judgment, pursuant to § 11-412.1 of the code, or (v) funding for repairs, pursuant to Section 778 of the Real Property Actions and Proceedings Law.
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Gas work qualification application fee
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$15.00 | |||
Limited gas work qualification application fee
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$15.00 | |||
Filing an application for a building emissions limit adjustment for calendar years 2024 - 2029 pursuant to § 28-320.8 of the Administrative Code
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$2,450 | |||
Filing application for a building emissions limit adjustment for not-for-profit hospitals and healthcare facilities pursuant to § 28-320.9 of the Administrative Code
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$335 | |||
Consultations for a major project development covered by the program set out in 1 RCNY § 101-17 regarding all phases of construction including applications, permitting, and the issuance of a certificate of occupancy
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$50,000 | |||
Consultations for a major project development covered by the program set out in 1 RCNY § 101-17 regarding all phases of construction including applications, permitting, and the issuance of a certificate of occupancy for a development that the New York City Department of Housing Preservation and Development certifies is for the construction or rehabilitation of affordable housing and has received or, based on documentation deemed sufficient to the department, reasonably expects to receive (i) a conveyance of municipally owned property pursuant to Article 15 or 16 of the General Municipal Law, (ii) a loan, grant or tax exemption pursuant to the Private Housing Finance Law or the General Municipal Law, (iii) a tax exemption pursuant to Section 420-c of the Real Property Tax Law, (iv) a transfer pursuant to an in rem foreclosure judgment pursuant to § 11-412.1 of the code, or (v) funding for repairs pursuant to Section 778 of the Real Property Actions and Proceedings Law
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$25,000 | |||
Parking structure compliance reports
• Initial filing • Amended/subsequent filing • Application for extension of time to complete repairs | $305 $85 $65 | |||
Filing fee for periodic boiler inspection report [
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$30 for each boiler | |||
Filing fee for report of periodic inspections and category 1 tests of elevator and other devices [
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$30 for each device | |||
Site safety plan review [
• Initial filing • Amended filing | $610 $545 | |||
Lift Director Registration
| Initial: $115 | Renewal: $115 | ||
[
| Initial | Renewal | Late Renewal Fee | Reissuance Fee |
Limited License for Articulating Boom Crane | $100 | $75 | $50 | $50 |
Limited License for Boom Trucks | $100 | $75 | $50 | $50 |
Limited License for Mini Cranes | $100 | $75 | $50 | $50 |
Limited License for Sign Hanging Cranes | $100 | $75 | $50 | $50 |
Limited License for Telehandler | $100 | $75 | $50 | $50 |
(Amended City Record 9/18/2017, eff. 10/18/2017; amended City Record 12/29/2017, eff. 1/28/2018; amended City Record 11/7/2019, eff. 12/7/2019; amended City Record 6/15/2020, eff. 7/15/2020; amended City Record 2/11/2021, eff. 3/13/2021; amended City Record 3/10/2021, eff. 4/9/2021; amended City Record 7/14/2021, eff. 8/13/2021; amended City Record 10/6/2021, eff. 11/5/2021; amended City Record 3/4/2022, eff. 4/3/2022; amended City Record 1/27/2022, eff. 5/1/2022; amended City Record 5/23/2022, eff. 6/22/2022; amended City Record 4/27/2023, eff. 5/27/2023; amended City Record 12/7/2023, eff. 1/6/2024; amended City Record 4/29/2024, eff. 5/29/2024; amended City Record 6/25/2024, eff. 7/25/2024; amended City Record 11/18/2024, eff. 12/18/2024)