Construction Documents

NYC Admin. Code tit. 28, ch. 1, art. 104

in effect

NYC Admin. Code § 28-104.1 General.

§ 28-104.1 General. The department shall not issue a permit pursuant to this code, or a place of assembly operation certificate pursuant to this code unless and until it approves all required construction documents for such work. The department shall not issue an electrical work permit pursuant to the New York city electrical code for fire and emergency alarm systems, solar panels and wind turbines unless and until it approves all required construction documents for such work. Such construction documents shall be prepared by or under the supervision of a registered design professional as required by this code. An application for an associated work permit shall not be submitted to the department until all required construction documents have been approved.

NYC Admin. Code § 28-104.1.1 Construction documents subject to the New York city fire code.

§ 28-104.1.1 Construction documents subject to the New York city fire code. Except as the New York city fire code may otherwise provide, the construction documents for facilities and systems for which the fire code provides design and installation requirements, including but not limited to fire alarm systems, flammable and combustible liquids, compressed gases, explosives and other hazardous materials; flammable spraying systems and facilities; automatic water sprinkler systems for hazardous material and combustible material storage, and non-water fire extinguishing systems, shall be subject to the review and approval of the fire commissioner in accordance with the New York city fire code. Approval by the department of construction documents for new or existing buildings containing such facilities and systems shall not be construed as approval of such systems and facilities.

NYC Admin. Code § 28-104.2 Application for approval of construction documents.

§ 28-104.2 Application for approval of construction documents. The department shall assign an application number to and docket all applications for approval of construction documents and any amendments thereto filed with it. The department shall examine the construction documents promptly after their submission. The examination shall be made under the direction of the commissioner for compliance with the provisions of this code and other applicable laws and rules. The personnel employed for the examination of construction documents shall be qualified registered design professionals experienced in building construction and design or persons working under the supervision of such registered design professionals. The department shall provide written notification to owners of adjoining property at the time such application is submitted. (2018 N.Y. Laws Ch. 217, 8/24/2018, eff. 8/24/2018; Am. L.L. 2021/126, 11/7/2021, eff. 11/7/2022) Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2021/126.

NYC Admin. Code § 28-104.2.1 Less than full examination of applications for construction and related document approval based on professional certification.

§ 28-104.2.1 Less than full examination of applications for construction and related document approval based on professional certification. The commissioner may, in the commissioner's discretion, establish a program whereby construction and related documents may be accepted with less than full examination by the department based on the professional certification of an applicant who is a registered design professional. On a monthly basis, the commissioner shall audit no less than 25 percent of construction documents which are for multiple dwellings where 25 percent or more of the dwelling units are occupied and such multiple dwellings, in whole or in part, either (i) are subject to rent regulation, (ii) are being rehabilitated or maintained as affordable housing through a department of housing preservation and development program, (iii) are subject to a city regulatory agreement mandating the creation or preservation of a certain number of affordable units, (iv) contain affordable housing units created, sponsored or preserved through other city programs or initiatives, or (v) where the department knows or has reason to know, are the subject of a rent overcharge application which is in the process of being investigated by the New York State division of housing and community renewal. Exceptions: 1. Construction or related documents may not be subject to less than full examination if the building is listed on the department of housing preservation and development's website pursuant to paragraph 6 of subdivision m of section 27-2115. 2. Where a penalty is imposed pursuant to article 213 of chapter 2 of this title for work that has been performed without a permit in a part of a building classified or used as occupancy group R-2 (i) construction and related documents for work in such part of such building shall not be accepted with less than full examination by the department for one year after such imposition or (ii) if such work without a permit was performed on only part of such building and the owner of such part is not the owner of such building, construction and related documents for work on such part shall not be accepted with less than full examination by the department for one year after such imposition or until the date such part of such building changes owners, whichever is sooner. (Am. L.L. 2017/149, 8/30/2017, eff. 12/28/2017; Am. L.L. 2017/158, 8/30/2017, eff. 8/30/2018; Am. L.L. 2021/126, 11/7/2021, eff. 11/7/2022; Am. L.L. 2023/077, 6/11/2023, eff. 6/11/2023) Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2021/126 and L.L. 2023/077.

NYC Admin. Code § 28-104.2.1.1 Effect of acceptance.

§ 28-104.2.1.1 Effect of acceptance. Except as otherwise specified in this code or in the rules of the department, for the purposes of this code, the acceptance of construction and related documents in accordance with such program shall have the same force and effect as the approval of construction and related documents after full examination by the department. Except as otherwise specified in this code or in the rules of the department, references in this code to approved construction and/or related documents or to the approval of construction and/or related documents shall also be deemed to refer to accepted construction and related documents or to the acceptance of construction and related documents, as applicable.

NYC Admin. Code § 28-104.2.1.2 Program requirements.

§ 28-104.2.1.2 Program requirements. The commissioner may establish qualifications and requirements for registered design professionals to participate in such program and may exclude, suspend or otherwise sanction participants for cause. The commissioner shall send an annual notification to registered design professionals who are currently participating in this program notifying them, in a manner to be determined by the commissioner, of the grounds upon which they may be excluded, suspended or otherwise sanctioned. (Am. L.L. 2019/108, 6/8/2019, eff. 9/6/2019)

NYC Admin. Code § 28-104.2.1.3 Mandatory program requirements.

§ 28-104.2.1.3 Mandatory program requirements. Registered design professionals participating in such program shall be subject to sections 28-104.2.1.3.1 through 28-104.2.1.3.2.

NYC Admin. Code § 28-104.2.1.3.1 Probation.

§ 28-104.2.1.3.1 Probation. A registered design professional shall not be eligible to participate in the program during any period of probation imposed as a sanction by the board of regents pursuant to section 6511 of the New York state education law. (Am. L.L. 2021/126, 11/7/2021, eff. 11/7/2022) Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2021/126.

NYC Admin. Code § 28-104.2.1.3.2 Mandatory sanctions.

§ 28-104.2.1.3.2 Mandatory sanctions. The commissioner shall, after the opportunity for a hearing before the office of administrative trials and hearings in accordance with department rules, exclude, suspend or otherwise condition the participation of a registered design professional who (i) knowingly or negligently submits a professional certification of an application and/or construction and other related document that contains false information or is not in compliance with all applicable provisions of law, (ii) submits two professionally certified applications for construction document approval within any 12-month period containing errors that result in revocation of an associated permit or that otherwise demonstrate incompetence or a lack of knowledge of applicable laws, or (iii) knowingly orders or directs another registered design professional to submit a professional certification of an application and/or construction and any other related document that contains false information or is not in compliance with all applicable provisions of law or that otherwise demonstrates incompetence or a lack of knowledge of applicable laws, or with knowledge of such specific conduct, ratifies or assents to such conduct or with knowledge of such specific conduct and while acting as a supervisor otherwise fails to prevent it. The commissioner may, after the opportunity for a hearing before the office of administrative trials and hearings in accordance with department rules, exclude, suspend, or otherwise condition the participation of a registered design professional who submits two professionally certified applications for construction document approval within any 12-month period containing errors that result in a stop work order. The term "otherwise condition" shall mean limitations on such professional's participation in the program, such as, but not limited to, audits and monitoring of the registered design professional's applications and other submissions. For purposes of this section, a professionally certified application shall include the professional certification of construction and other related documents and the satisfaction of objections issued at plan examination. (Am. L.L. 2019/105, 6/8/2019, eff. 10/6/2019; Am. L.L. 2019/108, 6/8/2019, eff. 9/6/2019; Am. L.L. 2021/126, 11/7/2021, eff. 11/7/2022) Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2021/126.

NYC Admin. Code § 28-104.2.1.3.2.1 Reinstatement.

§ 28-104.2.1.3.2.1 Reinstatement. A registered design professional who is excluded from the program in accordance with section 28-104.2.1.3 may apply for reinstatement one year or more after such exclusion. An applicant who the commissioner finds is qualified to resume participation in the program shall be on probation for a period of not less than six months after reinstatement and during that time shall as a condition of such reinstatement attend one or more training or continuing education courses, approved by the department, related to compliance with the New York city building code and related laws and rules and the zoning resolution. The professional shall submit satisfactory proof of the successful completion of such training or continuing education courses to the department. (Am. L.L. 2021/126, 11/7/2021, eff. 11/7/2022) Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2021/126.

NYC Admin. Code § 28-104.2.1.3.2.2 Mandatory permanent revocation.

§ 28-104.2.1.3.2.2 Mandatory permanent revocation. The commissioner (i) shall permanently revoke, without the opportunity of restoration, the professional certification privileges of a registered design professional who, while on probation, professionally certifies an application, plans, construction or other related document that contains false information or is not in compliance with all applicable provisions of law or who otherwise demonstrates incompetence or a lack of knowledge of applicable laws and (ii) may permanently revoke the professional certification privileges of a registered design professional who knowingly orders or directs another registered design professional to, while on probation, professionally certify an application, plans, construction or other related document that contains false information or is not in compliance with all applicable provisions of law or that otherwise demonstrates incompetence or a lack of knowledge of applicable laws, or with knowledge of such specific conduct, ratifies or assents to, or with knowledge of such specific conduct and while acting as a supervisor otherwise fails to prevent it. (Am. L.L. 2019/108, 6/8/2019, eff. 9/6/2019; Am. L.L. 2021/126, 11/7/2021, eff. 11/7/2022) Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2008/008 and L.L. 2021/126.

NYC Admin. Code § 28-104.2.1.3.2.3 Construction.

§ 28-104.2.1.3.2.3 Construction. Nothing herein shall be construed to limit the commissioner's power, consistent with state and local law, to adopt rules that include additional grounds to limit the filing privileges of or otherwise sanction registered design professionals, after the opportunity for a hearing, who it determines, knowingly or negligently submit applications or other documents to the department that contain false information or are not in compliance with all applicable provisions of law or that otherwise demonstrate incompetence or a lack of knowledge of applicable law or standards.

NYC Admin. Code § 28-104.2.1.4 Database.

§ 28-104.2.1.4 Database. The department shall create and maintain a database of all registered design professionals who have been excluded, suspended or otherwise sanctioned by the department, all current firms of employment or affiliation of such professionals, if known or readily ascertainable, and the firm that employed such professionals, or with which such professional was affiliated, at the time such professionals were sanctioned, and the status of such sanction or sanctions. Within seven business days of the date a sanction is imposed, the department shall post on its website, in a non-proprietary machine-readable format that permits automated processing, and shall make available upon request, the name of the registered design professional and the firm that employed such professionals, or with which such professionals were affiliated, at the time such professionals were sanctioned, and a description of the sanction, the initial date of the sanction, the reinstatement date, if applicable, the address of the premises for which the application associated with the sanction was submitted, and whether the sanction was imposed after a hearing or a settlement. The department shall provide requested information concerning the exclusion, suspension or other sanction of a specific registered design professional and the firm of employment of such professionals, or the firm with which such professionals were affiliated, when such professionals were sanctioned, within 30 days of such request. (Am. L.L. 2019/105, 6/8/2019, eff. 10/6/2019; Am. L.L. 2019/108, 6/8/2019, eff. 9/6/2019; Am. L.L. 2021/126, 11/7/2021, eff. 11/7/2022) Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2008/008 and L.L. 2021/126.

NYC Admin. Code § 28-104.2.1.5 Applicant requirement.

§ 28-104.2.1.5 Applicant requirement. The program shall include a condition that the applicant remain with the project until it is signed off by the department and that if the applicant withdraws from or is unable to continue a project before the issuance of a letter of completion or certificate of occupancy, as applicable, all work shall stop and no permit, letter of completion or certificate of occupancy shall be issued until a successor registered design professional is designated as applicant of record and such person: 1. Completes a thorough review and evaluation of the previously filed and accepted construction and other related documents to determine that they conform to the applicable laws and rules in accordance with rules of the board of regents, 8 NYCRR 29.3(a)3; 2. Inspects any built work to confirm that the observable conditions are consistent with the previously filed and accepted construction documents; 3. Performs or reviews the results of any tests or inspections required by this code to confirm that all required tests and inspections have been performed and that the results of such tests and inspections are consistent with the accepted or approved construction documents; and 4. Based on the result of the evaluation and inspections, secures department approval after examination of construction and other related documents submitted by and under signature and seal of the successor. All deficiencies shall be addressed by the successor in such documents. (Am. L.L. 2021/126, 11/7/2021, eff. 11/7/2022) Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2021/126.

NYC Admin. Code § 28-104.2.1.6 Notice to the state department of education.

§ 28-104.2.1.6 Notice to the state department of education. The department shall provide written notice to the New York state department of education of any registered design professional who was the subject of any disciplinary proceeding where there has been an adverse determination or sanction by the department including any settlement agreement that is reached between the parties that resulted in a sanction of privileges being imposed by the department. Such notice shall be sent within ten business days after a determination is made in any such disciplinary proceeding or after a settlement of such proceeding has been reached, and shall include the name, and business firm name and address of such registered design professional, as well as any supporting documentation for the sanction imposed. The department shall also provide such notice to the state department of education of any registered design professional that has been the subject of any disciplinary proceeding where there has been an adverse determination or sanction by the department within the five calendar years immediately preceding the effective date of this section.

NYC Admin. Code § 28-104.2.2 Approval or acceptance to be indicated on construction documents.

§ 28-104.2.2 Approval or acceptance to be indicated on construction documents. All construction documents, when approved, shall be stamped or endorsed "approved" under the official method of the department, followed by a notation of the date except that construction documents accepted with less than full examination by the department shall be stamped or endorsed "accepted" instead of "approved". (Am. L.L. 2021/126, 11/7/2021, eff. 11/7/2022) Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2021/126.

NYC Admin. Code § 28-104.2.3 Time limitation of application.

§ 28-104.2.3 Time limitation of application. An application for approval of construction documents shall be deemed to have been abandoned 12 months after the date of its submission, unless such application has been diligently prosecuted after rejection in whole or in part, or unless a permit shall have been issued pursuant to this code, except that the commissioner may upon application, for reasonable cause, grant extensions of time for additional 12-month periods, including for reasons such as the diligent prosecution of related applications at other agencies, including but not limited to, the board of standards and appeals, the city planning commission, the landmarks preservation commission and the department of environmental protection. Any such extension shall not serve to avoid compliance with section 28-104.2.4 with respect to any subsequent laws and rules in effect at the time of issuance of the associated work permit or place of assembly certificate of operation. Exception: Where, subsequent to the filing of an application, the department determines that such application is incomplete and the department has notified the applicant that the application is incomplete, the commissioner may deem such application abandoned after 90 days from the date of such notification. (Am. L.L. 2021/126, 11/7/2021, eff. 11/7/2022) Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2021/126.

NYC Admin. Code § 28-104.2.4 Conditions of approval.

§ 28-104.2.4 Conditions of approval. All construction documents approved by the commissioner shall be conditioned upon and subject to compliance with the requirements of this code and other applicable laws and rules in effect at the time of issuance of the associated work permit or place of assembly certificate of operation, including, but not limited, to intervening amendments to this code or the zoning resolution, and designations by the landmarks preservation commission. (Am. L.L. 2021/126, 11/7/2021, eff. 11/7/2022) Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2021/126.

NYC Admin. Code § 28-104.2.5 Phased or partial approval.

§ 28-104.2.5 Phased or partial approval. In the case of construction documents for the construction of new buildings or the alteration of buildings, the commissioner may grant partial approval of construction documents before the construction documents for the entire building or structure have been submitted. The approval of such partial applications will be subject to the submittal and approval of construction documents, filed together, comprising: 1. The lot diagram showing the exact location of the lot and dimensions to the nearest corner; 2. A complete zoning analysis showing compliance of the proposed work with the zoning resolution; 3. The foundation plans, as provided for in section 107.7.1 of the New York city building code, as well as a loading diagram and column schedule for the entire building or structure; 4. Earthwork plans, as provided for in section 107.8 of the New York city building code; 5. The floor and roof plans showing compliance with exit requirements, as provided for in this code. Structural calculations that justify the foundation design shall be made available to the department when requested by the department. Following the partial approval of such construction documents, the issuance of a foundation and earthwork permit shall be subject to submission of required submittal documents, including related support of excavation documents in accordance with section 28-105.2.1. The owner and the holder of such a foundation and earthwork permit shall proceed at their own risk with the construction operation and without assurance that a permit for the entire structure will be granted. In the event that the project does not proceed, any open excavation shall be filled and graded in accordance with chapter 33 of the New York City building code; and 6. Other documents the department determines are necessary. The issuance of such foundation and earthwork permit is subject to submission of required submittal documents. The owner and the holder of such foundation and earthwork permit shall proceed at their own risk with the construction operation and without assurance that a permit for the entire structure will be granted. (Am. L.L. 2021/126, 11/7/2021, eff. 11/7/2022) Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2021/126.

NYC Admin. Code § 28-104.2.6 Deferred submittal.

§ 28-104.2.6 Deferred submittal. With the prior approval of the department, the applicant may defer submittal of portions of the design until a specified period of time after the issuance of a permit. The applicant shall list the deferred submittal items on the initial application for construction document approval. The deferred submittal items shall not be constructed or installed until the design and submittal documents for the item have been approved by the department. The owner and permit holder shall proceed at their own risk with the construction operation and without assurance that a permit for the entire structure will be granted and the approval of all construction documents shall be conditioned upon and subject to compliance with the requirements of this code and other applicable laws and rules in effect at the time of issuance of the associated permit or place of assembly certificate of operation. (Am. L.L. 2021/126, 11/7/2021, eff. 11/7/2022) Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2021/126.

NYC Admin. Code § 28-104.2.7 Time period for review.

§ 28-104.2.7 Time period for review. Completed construction documents complying with the provisions of this code and other applicable laws and rules shall be approved by the commissioner and written notice of approval shall be given the applicant promptly and no later than 40 calendar days after the submission of a complete application. Exceptions: 1. On or before the fortieth day, the commissioner may, for good cause shown and upon notification to the applicant, extend such time for an additional 20 calendar days. 2. Such time period for review shall commence in accordance with article 107 for single room occupancy multiple dwellings.

NYC Admin. Code § 28-104.2.7.1 Notification of approval.

§ 28-104.2.7.1 Notification of approval. The department shall, on a weekly basis, send council members and community boards, by electronic mail, and post on its website, a report of all applications that were approved during the prior week, disaggregated by community board, for: 1. A new building or an alteration that will require a new certificate of occupancy for a building; and 2. Work at a building or part thereof for which construction and related documents shall not be accepted with less than full examination by the department pursuant to the exception to section 28-104.2.1. (L.L. 2016/010, 2/8/2016, eff. 5/8/2016; Am. L.L. 2017/158, 8/30/2017, eff. 8/30/2018; Am. L.L. 2021/126, 11/7/2021, eff. 11/7/2022) Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2021/126.

NYC Admin. Code § 28-104.2.8 Notification of rejection.

§ 28-104.2.8 Notification of rejection. Applications failing to comply with the provisions of this code and other applicable laws and rules shall be rejected and written notice of rejection, stating the grounds of rejection, shall be given the applicant promptly and not later than the date required in section 28-104.2.7. The department shall, on a weekly basis, send council members and community boards, by electronic mail, a report of all rejections of applications for a new building or an alteration that will require a new certificate of occupancy for a building, during the prior week, disaggregated by community board. In addition, the department shall post such information on its website on a weekly basis. (Am. L.L. 2016/010, 2/8/2016, eff. 5/8/2016; Am. L.L. 2021/126, 11/7/2021, eff. 11/7/2022) Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2021/126.

NYC Admin. Code § 28-104.2.9 Resubmission.

§ 28-104.2.9 Resubmission. Whenever an application has been rejected and is thereafter revised and resubmitted to meet the stated grounds of rejection, the revised application and construction documents shall be approved if they meet the stated grounds of rejection and otherwise comply with the provisions of this code and other applicable laws and rules or shall be rejected if they fail to meet the stated grounds of rejection or otherwise fail to so comply.

NYC Admin. Code § 28-104.2.10 Revocation of approval.

§ 28-104.2.10 Revocation of approval. The commissioner may, on notice to the applicant, revoke the approval of construction documents for failure to comply with the provisions of this code or other applicable laws or rules; or whenever there has been any false statement or any misrepresentation as to a material fact in the submittal documents upon the basis of which such approval was issued; or whenever an approval has been issued in error and conditions are such that approval should not have been issued. Such notice shall inform the applicant of the reasons for the proposed revocation and that the applicant has the right to present to the commissioner or his or her representative within 10 business days of personal service or electronic delivery or 15 business days of the posting of service by mail, information as to why the approval should not be revoked. (Am. L.L. 2021/126, 11/7/2021, eff. 11/7/2022) Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2021/126.

NYC Admin. Code § 28-104.2.10.1 Effect on work permit.

§ 28-104.2.10.1 Effect on work permit. The effect of revocation of approval of construction documents is the automatic revocation of all work permits that may have been issued based on such construction documents.

NYC Admin. Code § 28-104.3 Amended construction documents.

§ 28-104.3 Amended construction documents. Subject to the time limitations set forth in this code, amendments to approved construction documents shall be submitted, reviewed and approved before the work or equipment is completed; and such amendments when approved shall be deemed part of the original construction documents. The department may allow minor revisions of construction documents to be made and submitted to the department after the completion of work but prior to sign-off of the work. All other revisions of construction documents shall be submitted and approved prior to commencing the work effectuating such revisions. (Am. L.L. 2021/126, 11/7/2021, eff. 11/7/2022) Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2021/126.

NYC Admin. Code § 28-104.4 Place of filing.

§ 28-104.4 Place of filing. Except as otherwise provided by rule, applications for construction document approval shall be filed in the department office in the borough in which the work or equipment is located or at the discretion of the commissioner shall be submitted electronically.

NYC Admin. Code § 28-104.5 Fees.

§ 28-104.5 Fees. Filing fees shall be paid as required by article 112.

NYC Admin. Code § 28-104.6 Applicant.

§ 28-104.6 Applicant. The applicant for approval of construction documents shall be the registered design professional who prepared or supervised the preparation of the construction documents on behalf of the owner. Exception: The applicant may be other than a registered design professional for: 1. Limited oil-burning appliance alterations, limited plumbing alterations, limited sprinkler alterations, and limited standpipe alterations (limited alteration applications), where the applicant is licensed to perform such work pursuant to this code; 2. Demolition applications other than those specified in section 3306.5 of the New York city building code, where the applicant is the demolition contractor performing such demolition. In such cases, the commissioner may require structural plans designed by a registered design professional to address any critical structural, sequencing or site safety items; 3. Elevator applications; 4. Applications for work falling within the practice of landscape architecture as defined by the New York state education law, including but not limited to landscaping and vegetation plans, tree protection plans, erosion and sedimentation plans, grading and drainage plans, curb cuts, pavement plans, and site plans for urban plazas and parking lots, where the applicant is a landscape architect. Landscape architects shall not file plans for stormwater management and plumbing systems; 5. Applications for electrical work, as defined in chapter 4 of this title, where the applicant is licensed to perform such work pursuant to this code and such work is not subject to electrical work review requiring submission of electrical plans as provided by rule of the commissioner; and 6. Other categories of work consistent with rules promulgated by the commissioner. (Am. L.L. 2021/126, 11/7/2021, eff. 11/7/2022; Am. L.L. 2023/077, 6/11/2023, eff. 6/11/2023; Am. L.L. 2024/128, 12/21/2024, eff. 12/21/2025) Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2021/126, L.L. 2023/077, and L.L. 2024/128.

NYC Admin. Code § 28-104.6.1 Verification of professional qualification required.

§ 28-104.6.1 Verification of professional qualification required. The department shall not accept construction documents or other documents submitted in connection with applications for construction document approval or work permits under this code by any person representing that he or she is a registered design professional or landscape architect without verifying, by means of lists compiled and made available by the New York state department of education pursuant to paragraph e-1 of subdivision 4 of section 6507 of the New York state education law, that such person meets the qualifications established by law to practice as an architect or engineer in New York state. (Am. L.L. 2021/126, 11/7/2021, eff. 11/7/2022) Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2008/008 and L.L. 2021/126.

NYC Admin. Code § 28-104.7 Submittal of construction documents.

§ 28-104.7 Submittal of construction documents. All construction documents submitted to the department shall contain such information and shall be in such form as shall be set forth in section 28-104.7 and the rules of the department. Construction documents shall also conform to standards as may be prescribed in the applicable sections of the construction codes. (Am. L.L. 2021/126, 11/7/2021, eff. 11/7/2022) Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2021/126.

NYC Admin. Code § 28-104.7.1 Scope.

§ 28-104.7.1 Scope. Construction documents shall be complete and of sufficient clarity to indicate the location and entire nature and extent of the work proposed, and shall show in detail that they conform to the provisions of this code and other applicable laws and rules; if there exist practical difficulties in the way of carrying out the strict letter of the code, laws or rules, the applicant shall set forth the nature of such difficulties.

NYC Admin. Code § 28-104.7.2 Forms.

§ 28-104.7.2 Forms. The applicant shall submit construction documents on or accompanied by forms provided by the department.

NYC Admin. Code § 28-104.7.3 Media.

§ 28-104.7.3 Media. Construction documents shall be printed upon suitable material, or presented as electronic media documents as determined by the commissioner. Plans shall be drawn to suitable scale, resolution and file format as determined by the commissioner. (Am. L.L. 2021/126, 11/7/2021, eff. 11/7/2022) Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2021/126.

NYC Admin. Code § 28-104.7.4 Quantities.

§ 28-104.7.4 Quantities. The applicant shall submit the number of copies of construction documents as the commissioner shall require.

NYC Admin. Code § 28-104.7.5 Citations to code sections required.

§ 28-104.7.5 Citations to code sections required. In no case shall terms such as "code compliant", "approved", "legal" or similar terms be used in the construction documents as a substitute for specific reference to a particular code section, approval or standard in order to show compliance with code requirements or other applicable laws and rules.

NYC Admin. Code § 28-104.7.6 City Datum.

§ 28-104.7.6 City Datum. All elevations noted in the construction documents shall be referred to and clearly identified as the North American vertical datum of 1988 (NAVD) as established and maintained by National Geodetic Survey of the National Ocean Service, National Oceanic and Atmospheric Administration or successor agency, which is hereby established as the city datum. Neither the United States coast and geodetic survey mean sea level datum of 1929, national geodetic vertical datum (NGVD) nor any of the five borough data as established by the former Board of Estimate and Apportionment shall be referred to in construction documents except as may be required for the purpose of demonstrating conversion to the NAVD. Conversions to NAVD shall be performed by registered design professionals or surveyors. Conversion to and from borough data, NGVD and NAVD shall be performed using tables 104.7.6.1 through 104.7.6.5. Table 104.7.6.1 a Bronx Elevations To obtain equivalency: NGVD Elevations To obtain equivalency: NAVD Elevations 8.422 to 8.495 —> add 2.608 —> 11.030 to 11.083 —> subtract between 1.030 and 1.083 —> 10.000 10.000 —> add 2.608 —> 12.608 —> subtract between 1.030 and 1.083 —> 11.525 to 11.578 7.392 —> add 2.608 —> 10.000 —> subtract between 1.030 and 1.083 —> 8.917 to 8.970 a. Conversions to and from NAVD as indicated in this table represent the likely range. The precise conversion depends on the latitude and longitude of the location in question, as determined by a surveyor. Table 104.7.6.2 a Brooklyn Elevations To obtain equivalency: NGVD Elevations To obtain equivalency: NAVD Elevations 8.546 to 8.572 —> add 2.547 —> 11.093 to 11.119 —> subtract between 1.093 and 1.119 —> 10.000 10.000 —> add 2.547 —> 12.547 —> subtract between 1.093 and 1.119 —> 11.428 to 11.454 7.453 —> add 2.547 —> 10.000 —> subtract between 1.093 and 1.119 —> 8.881 to 8.907 a. Conversions to and from NAVD as indicated in this table represent the likely range. The precise conversion depends on the latitude and longitude of the location in question, as determined by a surveyor. Table 104.7.6.3 a Manhattan Elevations To obtain equivalency: NGVD Elevations To obtain equivalency: NAVD Elevations 8.288 to 8.357 —> add 2.752 —> 11.040 to 11.109 —> subtract between 1.040 and 1.109 —> 10.000 10.000 —> add 2.752 —> 12.752 —> subtract between 1.040 and 1.109 —> 11.643 to 11.712 7.248 —> add 2.752 —> 10.000 —> subtract between 1.040 and 1.109 —> 8.891 to 8.960 a. Conversions to and from NAVD as indicated in this table represent the likely range. The precise conversion depends on the latitude and longitude of the location in question, as determined by a surveyor. Table 104.7.6.4 a Queens Elevations To obtain equivalency: NGVD Elevations To obtain equivalency: NAVD Elevations 8.361 to 8.381 —> add 2.725 —> 11.086 to 11.106 —> subtract between 1.086 and 1.106 —> 10.000 10.000 —> add 2.725 —> 12.725 —> subtract between 1.086 and 1.106 —> 11.619 to 11.639 7.275 —> add 2.725 —> 10.000 —> subtract between 1.086 and 1.106 —> 8.914 to 8.894 a. Conversions to and from NAVD as indicated in this table represent the likely range. The precise conversion depends on the latitude and longitude of the location in question, as determined by a surveyor. Table 104.7.6.5 a Staten Island Elevations To obtain equivalency: NGVD Elevations To obtain equivalency: NAVD Elevations 7.835 to 7.917 —> add 3.192 —> 11.027 to 11.109 —> subtract between 1.027 and 1.109 —> 10.000 10.000 —> add 3.192 —> 13.192 —> subtract between 1.027 and 1.109 —> 12.083 to 12.165 6.808 —> add 3.192 —> 10.000 —> subtract between 1.027 and 1.109 —> 8.891 to 8.973 a. Conversions to and from NAVD as indicated in this table represent the likely range. The precise conversion depends on the latitude and longitude of the location in question, as determined by a surveyor. (Am. L.L. 2021/126, 11/7/2021, eff. 11/7/2022; Am. L.L. 2023/077, 6/11/2023, eff. 6/11/2023) Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2021/126 and L.L. 2023/077.

NYC Admin. Code § 28-104.7.7 Identification of special and progress inspections.

§ 28-104.7.7 Identification of special and progress inspections. Whenever work or materials are subject to special or progress inspection, as provided in this code, such work or materials shall be listed on the title sheet of the construction documents, or the sheet immediately following, as subject to special or progress inspection.

NYC Admin. Code § 28-104.7.8 Identification of materials.

§ 28-104.7.8 Identification of materials. Construction documents shall identify all materials proposed to be used, including identification of the test standard to which they conform, and where applicable, supporting information or test data from the manufacturer attesting to such conformance.

NYC Admin. Code § 28-104.7.9 Energy conservation code.

§ 28-104.7.9 Energy conservation code. The application shall contain all information required to demonstrate compliance with the New York city energy conservation code. This information shall include signed and sealed construction drawings, including electrical drawings, to the extent that they demonstrate such energy code compliance, as required by such energy code and rules. Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2009/085.

NYC Admin. Code § 28-104.7.10 Preparer.

§ 28-104.7.10 Preparer. Each plan or drawing shall contain the license number, seal, signature (or equivalent as approved by the commissioner) and address of the registered design professional or landscape architect who prepared or supervised the preparation of the plans. Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2008/008.

NYC Admin. Code § 28-104.7.11 Additional information.

§ 28-104.7.11 Additional information. In addition to the data and information specified in this code and the rules of the department, the commissioner is authorized to require the submission of additional plans, surveys, computations, analyses, test reports, photographs, special inspection and such other data and information as may be necessary to determine compliance with this code and other applicable laws and rules.

NYC Admin. Code § 28-104.7.12 Waiver of certain documents.

§ 28-104.7.12 Waiver of certain documents. The commissioner is authorized to waive the submission of any of the required construction documents and other data if review of such documents is not necessary to ascertain compliance with this code or not required for the phase of work for which a permit is sought.

NYC Admin. Code § 28-104.7.13 Identification of work involving raising or moving a building.

§ 28-104.7.13 Identification of work involving raising or moving a building. Where the lowest above-grade floor or the lowest subgrade floor of a building is to be raised, lifted, elevated or moved, such work shall be listed on the title sheet of the construction documents as subject to special inspection.

NYC Admin. Code § 28-104.7.14 Identification of certain I-1 and I-2 occupancies and of certain adult homes, enriched housing, community residences and intermediate care facilities as exempt from temporary external generator connection requirements.

§ 28-104.7.14 Identification of certain I-1 and I-2 occupancies and of certain adult homes, enriched housing, community residences and intermediate care facilities as exempt from temporary external generator connection requirements. The title sheet of construction documents for the following buildings shall list whether the building is exempt from the requirement to provide connections for temporary external generators pursuant to any exception contained in sections G304.5.1 or G304.5.2 of appendix G of the New York city building code, as applicable: 1. A new or substantially improved building, as such term is defined in appendix G of the New York city building code, that contains space classified in occupancy group I-1 or I-2 or space that is an adult home, enriched housing, community residence or intermediate care facility classified as occupancy group R pursuant to an exception to section 308.3.1 or 308.3.2 of the New York city building code, and that is located in a special flood hazard area, as such term is defined in appendix G of the New York city building code; and 2. A new or substantially improved building that contains space classified as an occupancy group I-2 hospital and that is located in a shaded X-Zone, as such terms are defined in appendix G of the New York city building code. (Am. L.L. 2021/126, 11/7/2021, eff. 11/7/2022) Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2021/126.

NYC Admin. Code § 28-104.7.15 Identification of certain hospitals as exempt from temporary external boiler or chiller connection requirements.

§ 28-104.7.15 Identification of certain hospitals as exempt from temporary external boiler or chiller connection requirements. The title sheet of construction documents for a new or substantially improved building, as such term is defined in appendix G of the New York city building code, that contains space classified as an occupancy group I-2 hospital and that is located in a flood hazard area, as such term is defined in appendix G of the New York city building code, shall list whether the requirement to provide connections for temporary external boilers and chillers pursuant to item 2 of section G304.5.2 is inapplicable as a result of such building having its boiler and chiller plants located at or above the applicable design flood elevation. (Am. L.L. 2021/126, 11/7/2021, eff. 11/7/2022) Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2021/126.

NYC Admin. Code § 28-104.7.16 Tenant protection plan.

§ 28-104.7.16 Tenant protection plan. The title sheet of construction documents shall contain a statement requiring a tenant protection plan be submitted in accordance with the requirements of article 120 prior to the issuance of a permit for alteration, construction or partial demolition work in a building containing one or more occupied dwelling units. (L.L. 2019/106, 6/8/2019, eff. 3/8/2020)

NYC Admin. Code § 28-104.7.17 Amended certificates of occupancy.

§ 28-104.7.17 Amended certificates of occupancy. For amended certificates of occupancy subject to section 28-118.16.2, the term construction documents, as used in section 28-116.2.4.1, means an accurate and complete final lot survey made by a land surveyor, and floor and roof plans showing, at a minimum, compliance with exit requirements in accordance with this code. (L.L. 2021/126, 11/7/2021, eff. 11/7/2022) Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2021/126.

NYC Admin. Code § 28-104.7.18 Multiple tax lots on a zoning lot.

§ 28-104.7.18 Multiple tax lots on a zoning lot. For applications that will result in a new building or an enlargement to an existing building, construction documents shall, on forms provided by the department: 1. Identify whether the zoning lot consists of a single tax lot or multiple tax lots; 2. In the case of multiple tax lots on a zoning lot: 2.1. state whether each tax lot does or does not have a current certificate of occupancy; 2.2. for each tax lot that has a certificate of occupancy, state whether: 2.2.1. the address of the building or open lot use on each such certificate of occupancy is consistent with the current lawful street address; 2.2.2. the block and/or tax lot numbers on each such certificate of occupancy is consistent with the current tax maps as published by the Department of Finance; 2.2.3. the certificate of occupancy indicates metes and bounds of a zoning lot and whether such metes and bounds are inconsistent with the metes and bounds of the zoning lot in the application; and 2.2.4. there is an existing building or an open lot use without a certificate of occupancy. 2.3. Following a change in the metes and bounds of a zoning lot, construction documents shall be filed by the owner of each tax lot with a certificate of occupancy that indicates inconsistent metes and bounds to reflect the change in metes and bounds of the zoning lot, in accordance with the requirements of section 28-118.3.2.1. 2.4. Following a change in the metes and bounds of a zoning lot, construction documents shall be filed by the owner of each tax lot without a certificate of occupancy or where the certificate of occupancy does not indicate inconsistent metes and bounds, in accordance with the requirements of section 28-118.3.3. (L.L. 2021/126, 11/7/2021, eff. 11/7/2022) Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2021/126.

NYC Admin. Code § 28-104.7.18.1 Obligations of owners of other tax lot.

§ 28-104.7.18.1 Obligations of owners of other tax lot. Within one year from the approval of construction documents for a new building or enlargement on a zoning lot consisting of multiple tax lots, the owners of all tax lots on the zoning lot shall comply with sections 28-118.3.2.1, 28-118.3.3 and 28-118.3.5.1 as applicable. Exception: For the purpose of this section, condominium tax lots and air parcel tax lots shall not be deemed to be multiple tax lots. (L.L. 2021/126, 11/7/2021, eff. 11/7/2022; Am. L.L. 2023/077, 6/11/2023, eff. 6/11/2023) Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2021/126 and L.L. 2023/077.

NYC Admin. Code § 28-104.8 Applications.

§ 28-104.8 Applications. All applications shall comply with sections 28-104.8.1 through 28-104.8.3. (Am. L.L. 2019/106, 6/8/2019, eff. 3/8/2020)

NYC Admin. Code § 28-104.8.1 Applicant statements.

§ 28-104.8.1 Applicant statements. The application shall contain the following signed and sealed statements by the applicant: 1. A statement certifying that the applicant is authorized by the owner to make the application and certifying that, to the best of the applicant's knowledge and belief, the construction documents comply with the provisions of this code or the 1968 building code, if applicable, and other applicable laws and rules; if there exist practical difficulties in the way of carrying out the strict letter of the code, laws or rules, the applicant shall set forth the nature of such difficulties in such signed statement; 2. A professional certification; and 3. A statement certifying compliance with the New York city energy conservation code. (Am. L.L. 2019/106, 6/8/2019, eff. 3/8/2020) Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2009/085.

NYC Admin. Code § 28-104.8.2 Owner statements.

§ 28-104.8.2 Owner statements. The application shall contain a signed statement by the owner, and, in the case of cooperative or condominium forms of ownership, the application shall also contain a statement by the cooperative or condominium board, affirming that the applicant is authorized to make the application and, if applicable, acknowledging that construction and related documents will be accepted with less than full examination by the department based on the professional certification of the applicant. Such statement shall list the owner's full name and address, as well as the names of the principal officers, partners or other principals if a corporation, partnership or other entity. Principal officers of a corporation shall be deemed to include the president, vice presidents, secretary and treasurer. Where a current deed holder with a valid property interest or a court appointed entity or equivalent in charge of the property, or in the case of a cooperative or condominium unit, the cooperative or condominium board, notifies the department in writing that the applicant does not have authority to make the application, the department is authorized pursuant to section 28-104.2.10 to revoke approval of construction documents. In addition, the application shall contain the following: 1. A signed statement certifying whether the building to be altered, constructed or demolished contains one or more occupied dwelling units; 2. A signed statement indicating whether the building to be altered, constructed or demolished contains housing accommodations subject to rent control or rent stabilization under chapters 3 and 4 of title 26 of the administrative code or rent regulation under article 7-C of the New York state multiple dwelling law; and 3. If the building to be altered, constructed or demolished contains occupied housing accommodations subject to rent control under chapter 3 of title 26 of the administrative code, the application shall contain a signed statement indicating that the owner has notified the New York state division of homes and community renewal that the owner has complied with all requirements imposed by the regulations of such agency as preconditions for such filing; or that the owner has not notified such agency because the nature and scope of the work proposed, pursuant to such regulations, does not require notification; or, if the building is subject to article 7-C of the New York state multiple dwelling law, the application shall contain a signed statement indicating that the owner will notify the loft board of the filing of the construction documents and will comply with all requirements imposed by New York state multiple dwelling law article 7-C and the loft board's rules. (Am. L.L. 2019/106, 6/8/2019, eff. 3/8/2020; Am. L.L. 2021/126, 11/7/2021, eff. 11/7/2022) Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2021/126.

NYC Admin. Code § 28-104.8.3 Information of applicant, filing representative, and owner.

§ 28-104.8.3 Information of applicant, filing representative, and owner. The application shall set forth the full names, addresses, telephone numbers, and electronic mail addresses of the following persons and where any of such persons are corporations, partnerships or other business entities, the names and addresses of the principal officers, partners or other principals of such entity: 1. The applicant; 2. The filing representative; 3. The owner, and, in the case of cooperative or condominium forms of ownership, cooperative owners' corporation, or condominium owners' association; and 4. Where a person other than the owner has engaged the applicant, such cooperative unit shareholder, condominium unit owner, lessee, or mortgagee. (Am. L.L. 2021/126, 11/7/2021, eff. 11/7/2022) Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2021/126.

NYC Admin. Code § 28-104.8.4 Application to demolish a building after vacate order.

§ 28-104.8.4 Application to demolish a building after vacate order. When an applicant seeks to demolish a residential building after the issuance of an order pursuant to section 28-207.4 but before such order has been rescinded, the applicant shall submit documentation in support of the application to demolish such building showing any steps taken to correct any violations issued by the department in connection with such order that are unresolved as of the date of such application for demolition. Such documentation may include, but is not limited to, construction documents submitted to the department, permit applications, repair estimates, and invoices. Failure to submit such documentation shall result in denial of the application. (L.L. 2025/110, 8/13/2025, eff. 5/10/2026)

NYC Admin. Code § 28-104.9 Coastal zones and water-sensitive inland zones.

§ 28-104.9 Coastal zones and water-sensitive inland zones. Construction documents shall comply with sections 28-104.9.1 through 28-104.9.6 relating to work in coastal zones and water-sensitive inland zones. Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2009/021.

NYC Admin. Code § 28-104.9.1 Definitions.

§ 28-104.9.1 Definitions. As used in section 28-104.9 the following terms shall have the following meanings: COASTAL EROSION HAZARD AREAS. Areas of land as identified on the final map issued by the New York state department of environmental conservation in accordance with section 34-0104 of the New York state environmental conservation law; COASTAL SPECIAL FLOOD HAZARD AREAS. Areas of land as identified on the flood insurance rate maps referenced in New York city building code section G402 of appendix G pursuant to article 36 of the New York state environmental conservation law. COASTAL ZONES AND WATER-SENSITIVE INLAND ZONES. Areas of land comprising tidal wetlands, freshwater wetlands, coastal erosion hazard areas, coastal special flood hazard areas or rivervine and other inland special flood hazard areas. FRESHWATER WETLANDS. Areas of land as identified on the final map issued by the New York state department of environmental conservation in accordance with section 24-0301 of the New York state environmental conservation law, as well as any adjacent areas as such term is defined in section 662.1 of title 6 of the New York code of rules and regulations. RIVERVINE AND OTHER INLAND SPECIAL FLOOD HAZARD AREAS. Areas of land, including floodways, as identified on the flood insurance rate maps referenced in section G402 of the New York city building code pursuant to article 36 of the New York state environmental conservation law. STRUCTURE. Any object constructed, installed or placed in, on or under land or water, including, but not limited to, a building, permanent shed, deck, in-ground or aboveground swimming pool, garage, mobile home, paving, road, public utility service distribution, transmission and collection system, storage tank, pier, dock, wharf, groin, jetty, seawall, revetment, bulkhead or breakwater. TIDAL WETLANDS. Areas of land as identified on the tidal wetland inventory issued by the New York state department of environmental conservation in accordance with section 25-0201 of the New York state environmental conservation law, as well as any adjacent areas as such term is defined in section 661.4 of title 6 of the New York code of rules and regulations; (Am. L.L. 2021/126, 11/7/2021, eff. 11/7/2022; Am. L.L. 2023/077, 6/11/2023, eff. 6/11/2023) Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2009/021, L.L. 2021/126, and L.L. 2023/077.

NYC Admin. Code § 28-104.9.2 Statement and submission by applicant.

§ 28-104.9.2 Statement and submission by applicant. It shall be the duty of an applicant for construction document approval to determine whether the proposed work is located within a coastal zone or a water-sensitive inland zone subject to section 28-104.9.3 and/or section 28-104.9. Applications for construction document approval shall include a statement by the applicant indicating whether the proposed work is located within a coastal zone or water-sensitive inland zone subject to such sections. The failure to disclose that proposed work is within a coastal zone or water-sensitive inland zone subject to such sections shall be a violation of this code. Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2009/021.

NYC Admin. Code § 28-104.9.3 Coordination with department of environmental conservation and other agencies.

§ 28-104.9.3 Coordination with department of environmental conservation and other agencies. The commissioner shall not approve construction documents for construction of a new structure, the horizontal enlargement of a structure or to excavate or fill any land, within a tidal wetland, a tidal wetland adjacent area, freshwater wetland, freshwater wetland adjacent area, or coastal erosion hazard area, without documentation satisfactory to the commissioner that the New York state department of environmental conservation, and such other governmental agencies as are applicable, have issued any applicable permits or other approvals for such construction, excavation or fill. Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2009/021.

NYC Admin. Code § 28-104.9.4 Compliance with special flood hazard area requirements mandated within special flood hazard areas.

§ 28-104.9.4 Compliance with special flood hazard area requirements mandated within special flood hazard areas. Within coastal special flood hazard areas and special flood hazard areas, the commissioner shall not approve construction documents for construction or alteration of buildings or structures, including alterations pursuant to section 28-101.4.3 of this code, or for any other activity regulated by section G201 of appendix G of the New York city building code, unless the application complies with the requirements of appendix G of the New York city building code. (Am. L.L. 2021/126, 11/7/2021, eff. 11/7/2022; Am. L.L. 2023/077, 6/11/2023, eff. 6/11/2023) Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2009/021, L.L. 2021/126, and L.L. 2023/077.

NYC Admin. Code § 28-104.9.5 False statement or omission.

§ 28-104.9.5 False statement or omission. No person shall submit an application for construction document approval for any structure within a coastal zone or water-sensitive inland zone that falsely avers or by omission causes the department to determine that the subject property is not located within such zone or that the New York state department of environmental conservation and other appropriate agencies have issued the appropriate permits or approvals when they did not. (Am. L.L. 2021/126, 11/7/2021, eff. 11/7/2022) Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2009/021 and L.L. 2021/126.

NYC Admin. Code § 28-104.9.6 Revocation of approval of construction documents.

§ 28-104.9.6 Revocation of approval of construction documents. Where the department determines that work is located within a coastal zone or water-sensitive inland zone after construction documents have been approved for such work and/or that the documentation required by sections 28-104.9.2 through 28-104.9.4 has not been submitted, the department shall revoke such approval and any associated work permits that may have been issued for such work in accordance with section 28-104.2.10. Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2009/021.

NYC Admin. Code § 28-104.10 Notification to the New York city transit authority, the Metropolitan Transportation Authority and the Port Authority of New York and New Jersey.

§ 28-104.10 Notification to the New York city transit authority, the Metropolitan Transportation Authority and the Port Authority of New York and New Jersey. Construction documents shall not be approved unless all applicable agency approvals from the New York city transit authority, the Metropolitan Transportation Authority or the Port Authority of New York and New Jersey, as provided for in section 3304.3.5 of the New York city building code have been submitted to the department. (Am. L.L. 2021/126, 11/7/2021, eff. 11/7/2022) Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2021/126.

NYC Admin. Code § 28-104.11 Construction documents for sites that are covered development projects as defined in section 24-541 of the administrative code.

§ 28-104.11 Construction documents for sites that are covered development projects as defined in section 24-541 of the administrative code. Construction documents for sites that are covered development projects as defined in section 24-541 of the administrative code shall comply with section 28-104.11.1 through 28-104.11.4. (L.L. 2017/097, 5/30/2017, eff. 6/1/2019; Am. L.L. 2020/091, 9/27/2020, eff. 3/26/2021) Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2020/091.

NYC Admin. Code § 28-104.11.1 Definitions.

§ 28-104.11.1 Definitions. As used in this code in connection with provisions relating to the jurisdiction of the department of environmental protection, the terms covered development project, development activity, post-construction stormwater management facility, stormwater construction permit, stormwater maintenance permit, and stormwater pollution prevention plan or SWPPP shall have the same definitions as such terms are defined in subchapter 1 of chapter 5-A of title 24 of the administrative code. (L.L. 2017/097, 5/30/2017, eff. 6/1/2019; Am. L.L. 2020/091, 9/27/2020, eff. 3/26/2021) Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2020/091.

NYC Admin. Code § 28-104.11.2 Disclosure required.

§ 28-104.11.2 Disclosure required. It shall be the duty of an applicant for construction document approval to determine whether the site of the proposed work is part of a covered development project and to disclose such information on construction documents. Failure to disclose such information on construction documents shall be a violation of this code. (L.L. 2017/097, 5/30/2017, eff. 6/1/2019; Am. L.L. 2020/091, 9/27/2020, eff. 3/26/2021) Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2020/091.

NYC Admin. Code § 28-104.11.3 Required documentation.

§ 28-104.11.3 Required documentation. Applications for construction document approval shall include copies of any required stormwater construction permit issued by the department of environmental protection and the stormwater pollution prevention plan for the covered development project. (L.L. 2017/097, 5/30/2017, eff. 6/1/2019)

NYC Admin. Code § 28-104.11.4 Revocation of approval of construction documents.

§ 28-104.11.4 Revocation of approval of construction documents. Where the department finds after the approval of construction documents that the applicant failed to disclose the information required by this section, the department may revoke such approval and any associated work permits in accordance with the provisions of sections 28-104.2.10 and 28-104.2.10.1. (L.L. 2017/097, 5/30/2017, eff. 6/1/2019)

NYC Admin. Code § 28-104.12 Retention of construction and submittal documents.

§ 28-104.12 Retention of construction and submittal documents. An applicant shall retain one set of approved construction documents, submittal documents and any other documents required by department rule for a period of not less than six years from the date of completion of the permitted work. (L.L. 2021/126, 11/7/2021, eff. 11/7/2022) Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2021/126.

NYC Admin. Code § 28-104.13 Construction documents for extension, alteration or relocation of an existing chimney or vent.

§ 28-104.13 Construction documents for extension, alteration or relocation of an existing chimney or vent. Where an owner of a new or altered taller building is required by section 2113 of the New York city building code, section 801 of the New York city mechanical code or section 501 of the New York city fuel gas code to extend, alter or relocate an existing chimney or vent on an affected building, such work shall be filed under a separate application for the affected building. (L.L. 2021/126, 11/7/2021, eff. 11/7/2022) Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2021/126.

Source: City of New York, Charter, Administrative Code and Rules (American Legal Publishing XML export, codelibrary.amlegal.com)URL: https://codelibrary.amlegal.com/codes/newyorkcity/latest/NYCadmin/0-0-0-236279Fetched: 10/24/2026