Buildings and Structures That Are Potentially Compromised

NYC Admin. Code tit. 28, ch. 2, art. 217

in effect

NYC Admin. Code § 28-217.1 Buildings and structures that are potentially structurally compromised.

§ 28-217.1 Buildings and structures that are potentially structurally compromised. For purposes of this article "potentially compromised" shall include a building or structure that: 1. Has had an open roof for 60 days or longer; 2. Has been shored and braced or otherwise temporarily safeguarded pursuant to an emergency declaration issued by the commissioner, or due to concern for structural integrity as determined by a registered design professional; 3. Has been subject to a precept as a compromised structure under section 28-216.1.1; or 4. May have suffered structural damage by fire or any other cause 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 § 28-217.1.1 Structural inspections of potentially compromised buildings or structures.

§ 28-217.1.1 Structural inspections of potentially compromised buildings or structures. When a building or structure has become potentially compromised, the owner is required to have a structural inspection performed. Such inspection shall be performed within 60 days of the opening of the roof, or within 60 days of the onset of any of the conditions listed in section 28-217.1. A report of such inspection shall be filed with the department within 30 days thereafter in such form and detail and with provision for periodic monitoring of the building or structure as the commissioner may require. (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 § 28-217.1.2

§ 28-217.1.2 Structural inspections shall only be performed by a registered design professional in good standing with the New York st ate department of education.

NYC Admin. Code § 28-217.1.3

§ 28-217.1.3 If a violation of any applicable statute, law, rule or regulation or any unsafe condition that poses a threat to the structural integrity of the building or to the public is found during the course of such inspection, the registered design professional performing the inspection shall immediately notify the department and the owner of such violation or unsafe condition by calling 311 and in writing.

NYC Admin. Code § 28-217.1.4

§ 28-217.1.4 An inspection of the buildings and structures subject to the inspection and filing requirements of section 28-217.1 shall be performed every year until such time as the registered design professional documents and certifies that the building or structure is no longer potentially compromised and such certification is accepted 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 § 28-217.1.5

§ 28-217.1.5 The owner shall hire a registered design professional to perform a structural inspection of buildings and structures subject to section 28-217.1 prior to the issuance of a permit to alter, repair, demolish or enlarge such building or structure, except that the commissioner may waive such inspection if a structural inspection of the entire building or structure has been performed within the prior year.

NYC Admin. Code § 28-217.1.6

§ 28-217.1.6 Any owner of a building or structure shall notify the department in writing that such building or structure has become potentially compromised immediately after such owner knows or should have known of the condition. Such notice shall contain the name and business address of the owner of record of such building or structure and shall identify the building or structure by street address and tax block and lot. The notices required by this subdivision shall be in such form and manner as established by the commissioner by rule. (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 § 28-217.1.7

§ 28-217.1.7 If an owner subject to the inspection and filing requirements of this section fails to file such report, the owner shall be liable for a civil penalty in an amount not less than $2,500. In such a case, the department may cause a structural inspection to be conducted and a report filed. (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.

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/0-0-0-157875Fetched: 10/24/2026