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
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) 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
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) 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)
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