Duties and Powers of Commissioner Of Buildings

NYC Admin. Code tit. 28, ch. 1, art. 103

in effect

NYC Admin. Code § 28-103.1 Jurisdiction.

§ 28-103.1 Jurisdiction. This code shall be enforced by the commissioner of buildings, pursuant to the provisions of section six hundred forty-three of the New York city charter. However, the commissioner of small business services may also enforce all of the provisions of this code with respect to buildings under the jurisdiction of the department of small business services and the fire commissioner may also enforce all the provisions of this code relating to: 1. The approved number of persons in places of assembly (overcrowding); 2. Obstruction of aisles, corridors, and exits; 3. The posting and availability for inspection of certificates of occupancy or other authorization of lawful occupancy, certificates of compliance and place of assembly certificates of operation; 4. The maintenance of fire, smoke and carbon monoxide detection and alarm systems, fire extinguishing systems, refrigerating systems, storage tanks and auxiliary storage tanks for oil burning equipment, exit signs and path markings, and any fire or life safety system, equipment or device intended for use by fire fighting personnel or whose use or operation is subject to the New York city fire code or other law or rule enforced by the New York city fire department, and any related installation and signage; 5. The installation and testing of fire alarm systems, smoke-detecting and carbon monoxide detecting devices that are interconnected with a fire alarm system or monitored by a central station, alternative automatic fire extinguishing systems, including but not limited to fire extinguishing systems for commercial cooking equipment, and fire protection plans; 6. Fire fighting equipment, access to and within premises upon or in which construction and demolition work is being conducted, and the conduct of all construction or demolition work affecting fire prevention and fire fighting; 7. Any exhaust system designed or used for commercial cooking equipment, when such commercial cooking equipment is required to be protected by a fire extinguishing system; and 8. The installation and testing of natural gas distribution piping systems designed for or operated at a gas pressure of 15 psig (103 kPa gauge) or greater. (Am. L.L. 2018/195, 12/1/2018, eff. 5/30/2019) Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2008/026 and L.L. 2018/195.

NYC Admin. Code § 28-103.1.1 Installation of equipment required by the New York city fire code.

§ 28-103.1.1 Installation of equipment required by the New York city fire code. Where the installation of exit signs, emergency means of egress illumination, special mechanical ventilation, sprinkler systems, fire alarm systems and alternative automatic fire extinguishing systems is required by the New York city fire code, the fire commissioner shall require such installations to be in accordance with this code. (Am. L.L. 2018/195, 12/1/2018, eff. 5/30/2019) Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2018/195.

NYC Admin. Code § 28-103.1.2 Enforcement of New York city construction codes on property within the jurisdiction of the department of small business services.

§ 28-103.1.2 Enforcement of New York city construction codes on property within the jurisdiction of the department of small business services. This code and the 1968 building code shall apply to property within the jurisdiction of the department of small business services pursuant to the New York city charter including, but not limited to, structures on waterfront property used in conjunction with and in furtherance of waterfront commerce and/or navigation. It shall be administered and enforced by the department of small business services in the same manner as property within the jurisdiction of the department.

NYC Admin. Code § 28-103.1.3 Innovation review board.

§ 28-103.1.3 Innovation review board. There is hereby established within the department an innovation review board which shall include as members in addition to the commissioner, the commissioners of environmental protection, health and mental hygiene and design and construction and the chairperson of the city planning commission, or their respective designees. The commissioner shall also designate members from among the fire commissioner and the commissioners of transportation, parks and recreation, consumer and worker protection, emergency management, housing preservation and development and sanitation and the chairperson of the landmarks preservation commission, and non-governmental organizations and individuals, or their respective designees, with respect to specific matters being considered by the board where the commissioner determines it appropriate to do so. (Am. L.L. 2020/080, 8/28/2020, eff. 8/28/2020) Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2010/005 and L.L. 2020/080.

NYC Admin. Code § 28-103.1.3.1 Meetings and recommendations.

§ 28-103.1.3.1 Meetings and recommendations. The commissioner shall convene the innovation review board at least quarterly, or more often as the commissioner may deem necessary to address issues in a timely manner to (i) review specific projects that propose to employ new technologies, design or construction techniques, materials or products, (ii) review proposals for approval of and to initiate reviews of such of new technologies, design or construction techniques, materials or products in order to determine their environmental and sustainability benefits, (iii) make recommendations as to under what conditions and for what purposes each may be appropriately employed in New York city, and (iv) streamline approvals of specific innovative projects. If the board recommends that a technology, design or construction technique, material or product may appropriately be employed, the commissioner shall consider such recommendation and may by rule or other method as the commissioner deems appropriate, authorize the use of such technology, design or construction technique, material or product and under what conditions and for what purposes each may be appropriately employed. The commissioner shall state in writing to the interagency green team established pursuant to subdivision i of section twenty of the charter what action the commissioner shall take with respect to each such recommendation and the reasons for the action taken. Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2010/005.

NYC Admin. Code § 28-103.2 Interpretation.

§ 28-103.2 Interpretation. This code shall be liberally interpreted to secure the beneficial purposes thereof.

NYC Admin. Code § 28-103.3 Variations.

§ 28-103.3 Variations. The requirements and standards prescribed in this code shall be subject to variation in specific cases by the commissioner, or by the board of standards and appeals, under and pursuant to the provisions of paragraph two of subdivision (b) of section six hundred forty-five and section six hundred sixty-six of the New York city charter, as amended.

NYC Admin. Code § 28-103.4 Appeals.

§ 28-103.4 Appeals. An appeal from any decision or interpretation of the commissioner may be taken to the board of standards and appeals pursuant to the procedures of the board, except as provided in section 25-204 of the administrative code or as otherwise provided in this code. Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2008/008.

NYC Admin. Code § 28-103.5 Seal; judicial notice.

§ 28-103.5 Seal; judicial notice. The commissioner may design and adopt a seal for the department for use in the authentication of the orders and proceedings of the department, and for such other purposes as the commissioner may prescribe. The courts shall take judicial notice of such seal, and of the signature of the commissioner, the deputy commissioners, and the borough superintendents of the department.

NYC Admin. Code § 28-103.6 Proofs, affidavits and oaths.

§ 28-103.6 Proofs, affidavits and oaths. Proofs, affidavits and examinations as to any matter arising in connection with the performance of any of the duties of the department may be taken by or before the commissioner, or a deputy commissioner, or such other person as the commissioner may designate; and such commissioner, deputy or other person may administer oaths in connection therewith.

NYC Admin. Code § 28-103.7 Cooperation of other departments.

§ 28-103.7 Cooperation of other departments. Upon request of the commissioner, it shall be the duty of all departments to cooperate with the department of buildings at all times, and to furnish to such department such information, reports and assistance as the commissioner may require.

NYC Admin. Code § 28-103.7.1 Sharing results of buildings inspections.

§ 28-103.7.1 Sharing results of buildings inspections. The commissioner, the fire commissioner and the commissioner of the department of environmental protection shall share information regarding violations issued as a result of inspections of buildings meeting agreed-upon criteria that are relevant to the responsibilities of each 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. 2009/039 and L.L. 2021/126.

NYC Admin. Code § 28-103.8 Matters not provided for.

§ 28-103.8 Matters not provided for. Any matter or requirement essential for fire or structural safety or essential for the safety or health of the occupants or users of a structure or the public, and which is not covered by the provisions of this code or other applicable laws and rules, shall be subject to determination and requirements by the commissioner in specific cases.

NYC Admin. Code § 28-103.9 Additional tests.

§ 28-103.9 Additional tests. Whenever there is insufficient evidence of compliance with the provisions of this code, or evidence that a material or method of construction does not conform to the requirements of this code, or in order to substantiate claims for alternative materials or methods, the commissioner shall have the authority to require tests as evidence of compliance to be made at no expense to the city. Test methods shall be as specified in this code, or by other recognized test standards approved by the commissioner. In the absence of recognized and accepted test methods, the commissioner shall approve the testing procedures. Tests shall be performed as directed by the commissioner. Reports of such tests shall be retained by the department for the period required for retention of public records.

NYC Admin. Code § 28-103.10 Supporting documentation for materials.

§ 28-103.10 Supporting documentation for materials. Whenever this code or the rules of the department permits the use of material regulated in its use by this code or the 1968 building code without the prior approval of the commissioner, the commissioner may, in the interest of public safety, require the submittal of supporting documentation that any material used or proposed to be used complies with the applicable code standard for such use. Such supporting documentation may consist of but shall not be limited to certification documents of an approved agency, test reports, analysis, computations or other evidence of such compliance.

NYC Admin. Code § 28-103.11 Applications and permits.

§ 28-103.11 Applications and permits. The department shall receive and review applications, construction documents, and other related documents and shall issue permits, in accordance with the provisions of this code. The department shall, on a weekly basis, send council members and community boards, by electronic mail, a copy of all completed applications for a new building or an alteration that will require a new certificate of occupancy for a building, received 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)

NYC Admin. Code § 28-103.12 Identification.

§ 28-103.12 Identification. Department personnel shall carry metal badges with suitable inscriptions thereon or other prescribed identification when inspecting structures or premises or otherwise in the performance of their duties under this code.

NYC Admin. Code § 28-103.13 Right of entry.

§ 28-103.13 Right of entry. The commissioner or his or her authorized representatives, in the discharge of their duties, shall have the right to enter upon and inspect, at all reasonable times, any buildings, enclosure, premises, or any part thereof, or any signs or service equipment contained therein or attached thereto for the purpose of determining compliance with the provisions of this code and other applicable building laws and rules. Officers and employees of the department shall identify themselves by exhibiting the official badge or other identification prescribed by the department; and other authorized representatives of the commissioner shall identify themselves by producing and exhibiting their authority in writing signed by the commissioner. If access is not obtained, the commissioner shall have recourse to remedies provided by law to secure entry.

NYC Admin. Code § 28-103.14 Department records.

§ 28-103.14 Department records. The department shall keep official records of applications received, permits and certificates issued, fees collected, reports of inspections, and notices and orders issued. Such records shall be retained in the official records for the period required for retention of public records.

NYC Admin. Code § 28-103.14.1 List of permits for cellular antenna.

§ 28-103.14.1 List of permits for cellular antenna. The commissioner shall maintain a separate list of alteration permits issued for the erection or placement of antennae used to provide cellular telephone or similar service or any structure related to such service which shall, at a minimum, set forth the name, business address and business telephone number of the applicant, the date of the application, the date the permit was issued, the location for which the permit was issued, including the premises address and the zoning district, whether residential, commercial, or manufacturing, and the number of permits issued for such purpose at the same location. Such list shall be made available to the public upon request between regular business hours and shall be available to the public in electronic format on a 24-hour basis on the department's website.

NYC Admin. Code § 28-103.15 Insurance.

§ 28-103.15 Insurance. The commissioner may require applicants for permits to obtain and furnish proof of workers' compensation, disability and general liability insurance in such amounts and in accordance with such specifications as shall be set forth in the rules of the department or as otherwise required by law.

NYC Admin. Code § 28-103.16 Inspections of existing buildings, structures, signs, service equipment and construction machinery and equipment.

§ 28-103.16 Inspections of existing buildings, structures, signs, service equipment and construction machinery and equipment. In addition to other required inspections, the commissioner may make or require inspections of existing buildings, structures, signs, service equipment installations and construction machinery and equipment to ascertain compliance with the provisions of this code and other laws that are enforced by the department. Such inspections may be made on behalf of the department by officers and employees of the department and other city departments and governmental agencies; and by approved agencies, special inspectors or other persons when the commissioner is satisfied as to their qualifications and reliability. The commissioner may accept inspection and test reports from persons authorized by this code or by the commissioner to perform such inspections. Such reports shall be filed with the department.

NYC Admin. Code § 28-103.17 Certain outside work, employment and financial interests of department employees prohibited.

§ 28-103.17 Certain outside work, employment and financial interests of department employees prohibited. It shall be unlawful for any officer or employee of the department to be engaged in conducting or carrying on business as an architect, engineer, carpenter, plumber, iron worker, mason or builder, electrician, or any other profession or business concerned with the construction, alteration, sale, rental, development, or equipment of buildings. It shall also be unlawful for such employees to be engaged in the manufacture or sale of automatic sprinklers, fire extinguishing apparatus, fire protection devices, fire prevention devices, devices relating to the means or adequacy of exit from buildings, or articles entering into the construction or alteration of buildings, or to act as agent for any person engaged in the manufacture or sale of such articles, or own stock in any corporation engaged in the manufacture or sale of such articles. (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. 2024/128.

NYC Admin. Code § 28-103.18 Investigation of complaints.

§ 28-103.18 Investigation of complaints. The commissioner shall cause all complaints to be investigated. For purposes of investigating complaints of violations of law enforced by the department, the commissioner may by rule establish a program to classify structures based on their enforcement history and may create criteria for such classification and assign enforcement resources accordingly.

NYC Admin. Code § 28-103.18.1 Complaint records.

§ 28-103.18.1 Complaint records. The department shall keep records of complaints made by any person in reference to any building or other matter under the jurisdiction of the department. Recorded complaints shall include the name and residence of the complainant, the name of the person complained of, the date of the entry of the complaint and any suggested remedies. Except for entries of names and residences of the complainants, such records shall be made available for public examination.

NYC Admin. Code § 28-103.19 Addition, modification, and deletion of referenced standards.

§ 28-103.19 Addition, modification, and deletion of referenced standards. The standards referenced in this code may be added to, deleted or modified pursuant to local law or by rule of the department. Every such rule adding, deleting or modifying a referenced standard shall indicate the promulgating agency of the standard, the standard identification, the effective date and title and the section or sections of this code to which such standard applies. The commissioner shall act in consultation with the fire commissioner on matters relating to fire safety. (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 § 28-103.20 Existing rules continued.

§ 28-103.20 Existing rules continued. Rules promulgated by the department in accordance with the law in effect when such rules were promulgated shall remain in effect for the matters covered to the extent that such rules are not inconsistent with this code unless, until and to the extent that such rules are amended or repealed by 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. 2008/008 and L.L. 2021/126.

NYC Admin. Code § 28-103.21 Incident lists.

§ 28-103.21 Incident lists. The commissioner shall, on a monthly basis, post on the department's website, in a machine-readable format, a list of every incident, reported to the department in accordance with section 28-103.21.1, that occurred on every construction site where construction work subject to permitting by the commissioner resulted in (i) a fatality to any individual, including a member of the general public or a construction worker, or (ii) an injury to any individual, including a member of the general public or a construction worker, that requires transport by emergency medical services or requires immediate emergency care at a hospital or offsite medical clinic, regardless of whether such incident involved a violation of this code or any other law or rule. Such list shall identify, at a minimum, the following information for each incident that the department is required to report on pursuant to this section: 1. The owner of the site where the incident occurred; 2. If the incident involved a construction worker, the name of the general contractor or the subcontractor who employed such worker at the time of the incident; 3. A detailed description of the incident, including the nature of the work being performed at the time of the incident; 4. Violations issued by the department as a result of the incident and to whom such violations were issued; 5. The number of persons injured and/or killed in the incident, and whether such persons were members of the public, construction workers or other persons; 6. If the incident involved an injury, a description of the type of injury; 7. Whether the incident involved a fatality; 8. The date and time of the incident; 9. The address where the incident occurred; 10. The total square footage of the site where the incident occurred; 11. The number of floors and height of the building involved where the incident occurred or, in the case of a new building, the proposed number of floors and proposed height; 12. A list of active permits issued by the department associated with the construction site where an incident occurred, disaggregated by type; 13. If the incident involved a construction worker, the length of time the injured or deceased worker had been employed by their employer at the time of the incident; 14. If the incident involved a construction worker, the number of hours the injured or deceased worker had been working when the incident occurred; 15. If the incident involved a construction worker, whether or not the injured or deceased worker was a union member; and 16. Whether or not the construction site where the incident occurred was a union site. (Am. L.L. 2017/078, 5/10/2017, eff. 5/10/2017; 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 § 28-103.21.1 Reporting.

§ 28-103.21.1 Reporting. Where construction work subject to permitting by the commissioner that results in a fatality or injury to any individual, including a member of the general public or a construction worker, occurs on a construction site within the city, the owner or person otherwise in control of the site at which such incident occurred, or, if the incident involved a construction worker, the general contractor or subcontractor that employed such worker, shall report to the department, within three business days after the occurrence of such incident, the information required by section 28-103.21, with such reporting made via an electronic portal established by the department for the purpose of collecting the required information. (Am. L.L. 2017/078, 5/10/2017, eff. 5/10/2017; 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 § 28-103.22 Outreach on security grille visibility requirements. [Repealed] (Am. L.L. 2020/080, 8/28/2020, eff. 8/28/2020; repealed L.L. 2026/123, 7/30/2026, eff. 7/30/2026) Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2020/080.

NYC Admin. Code § 28-103.23 Manual on flood construction and protection standards.

§ 28-103.23 Manual on flood construction and protection standards. The commissioner shall create and make publicly available, in print and on the department's website, a manual explaining in detail the flood construction and protection requirements and standards applicable in the city. Such manual shall be made available in plain English and Spanish and in other languages as determined by the commissioner and shall be updated as necessary to reflect changes to applicable flood construction requirements and standards. Such manual shall include, but need not be limited to, a description and explanation of the following: 1. The materials requirements imposed by applicable flood construction requirements and standards, including the elements of structures subject to such materials requirements; 2. The manner in which specific utilities and attendant equipment must be protected from flooding; and 3. The application of the flood construction and protection requirements and standards to existing structures.

NYC Admin. Code § 28-103.24 Electronic submissions.

§ 28-103.24 Electronic submissions. The commissioner shall have the discretion to require that any document or payment submitted to the department be submitted and/or signed electronically. (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 § 28-103.25 Hotel development plans.

§ 28-103.25 Hotel development plans. Where the department receives applications for new construction of or conversions to transient hotels, as defined in the zoning resolution, the department shall provide written notice, or notice by electronic mail, of the proposed construction or conversion to: 1. The borough president of the borough in which such proposed construction is located; 2. The council member in whose district such proposed construction is located; 3. The community board of the community district in which such proposed construction is located; and 4. If such proposed construction involves land within two or more community districts in a borough, the borough board. (L.L. 2015/045, 5/18/2015, eff. 11/14/2015)

NYC Admin. Code § 28-103.26 Reporting to the federal occupational safety and health administration.

§ 28-103.26 Reporting to the federal occupational safety and health administration. As soon as practicable after the issuance of an immediately hazardous or major violation of chapter 33 of the New York city building code, the commissioner shall report such violation to the federal occupational safety and health administration. (L.L. 2017/068, 5/10/2017, eff. 9/7/2017; 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 § 28-103.27 Disclosure of building occupancy status for buildings subject to permit.

§ 28-103.27 Disclosure of building occupancy status for buildings subject to permit. For each building for which a permit for work has been issued, the commissioner shall post on the department's website a statement of whether the construction documents relating to such permit indicate that one or more dwelling units within such building will be occupied during such work. (L.L. 2017/158, 8/30/2017, eff. 8/30/2018)

NYC Admin. Code § 28-103.28 Site safety training (SST) task force.

§ 28-103.28 Site safety training (SST) task force. The commissioner shall convene and provide staff for an SST task force in accordance with the following: 1. Such task force shall be composed as follows: 1.1. The commissioner, or the designee of such commissioner, shall serve as the chairperson of such task force. 1.2. The task force shall consist of 14 members, in addition to the chairperson. Seven of the additional members of such task force shall be appointed by the mayor or the mayor's designee, and seven of the additional members of such task force shall be appointed by the speaker of the council. Such task force shall include members who represent (i) parts of the construction industry that are represented by labor unions or labor organizations, (ii) parts of such industry that are not represented by such unions or organizations, (iii) minority-owned business enterprises or women-owned business enterprises that are certified in accordance with section 1304 of the New York city charter and primarily engaged in construction work and (iv) day laborers. 1.3. All members of the task force shall have significant experience (i) in a construction or demolition related field or (ii) developing or providing construction site safety training, except that one of the members appointed by the mayor pursuant to Item 1.2 may be a municipal officer with experience related to the program to be established pursuant to section 22-509 of the code. 2. Such task force shall meet at least quarterly each year for the first two years of its existence and at least annually for three years thereafter. 3. Such task force shall from time to time on its own initiative or upon request of the commissioner provide the commissioner with recommendations relating to training required by section 3321 of the New York city building code. 4. Such task force shall establish a mechanism for receiving and reviewing recommendations from the public relating to training required by such section. 5. By no later than March 1, 2018, such task force shall provide the commissioner with recommendations relating to the amount of additional SST credits required for satisfying item 1.1 of the definition of limited SST card and the topics that such additional SST credits must cover. Such task force shall consider, but need not include in its recommendations, the following topics insofar as such topics relate to safeguarding the public from potential dangers posed by building sites: 5.1. Fall protection. 5.2. Personal protection equipment. 5.3. Safely working with machines. 5.4. Working with hazardous chemicals or other materials. 5.5. OSHA and its role in construction industry safety and health. 5.6. Handling heavy materials and proper lifting techniques. 5.7. Exit routes, emergency action plans, fire prevention and fire protection. 5.8. Confined space awareness. 5.9. Walking and working surfaces. 5.10. Electrical safety. 5.11. Hazard communication. 5.12. Concrete operations. 5.13. Demolition work. 5.14. Excavation work. 5.15. Construction and demolition work at major building sites. 5.16. Material handling. 5.17. Material hoisting. 5.18. Site perimeter protection. 5.19. Sidewalk sheds and fences . 5.20. Steel erection. 5.21. Tenant and occupant protection. 5.22. Ladders and stairs. 5.23. Drug and alcohol awareness. 5.24. Asbestos awareness. 5.25. Lead awareness. 5.26. First aid, including cardiopulmonary resuscitation (CPR) and automated external defibrillator (AED) use. (L.L. 2017/196, 10/16/2017, eff. 10/16/2017)

NYC Admin. Code § 28-103.29 Reporting regarding implementation of section 3321 of the New York city building code.

§ 28-103.29 Reporting regarding implementation of section 3321 of the New York city building code. No later than three months after the end of each fiscal year, the commissioner shall report to the mayor and the speaker of the council, and make publicly available online, a report on implementation of section 3321 of the New York city building code. In addition to any information the commissioner deems relevant, such report shall include: 1. The number of SST providers in existence at the end of such fiscal year. Such number shall also be disaggregated by which condition of item 1 of the definition of "site safety training (SST) provider" set forth in Chapter 2 of the New York city building code is satisfied by each such provider. 2. The number of SST cards issued in such fiscal year. 3. The number of temporary SST cards issued in such fiscal year. 4. The number of violations of such section issued in such fiscal year, disaggregated by violation type. 5. A list of building sites where violations of such section were issued and, for each such site, the following information disaggregated by violation type: 5.1. The number of follow-up inspections conducted pursuant to section 28-204.1.1. 5.2. The average frequency of such follow-up inspections. 5.3. The number of violations of section 3321 of the New York city building code issued as a result of such inspections. 6. A description of the enforcement mechanisms used by the department to ensure the integrity of training provided by SST providers in connection with section 3321 of the New York city building code and that such training satisfies the requirements of such section and any rules or department requirements relating to such training. (L.L. 2017/196, 10/16/2017, eff. 10/16/2017; Am. L.L. 2019/219, 12/15/2019, eff. 12/15/2019; Am. L.L. 2020/010, 12/27/2020, retro. eff. 12/15/2019; 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 § 28-103.29.1 Audits of training provided in connection with section 3321 of the New York city building code.

§ 28-103.29.1 Audits of training provided in connection with section 3321 of the New York city building code. In addition to any other enforcement mechanisms, the department shall periodically audit SST providers and training provided in connection with section 3321 of the New York city building code by such providers in order to ensure the integrity of such training and compliance with such section and any rules or department requirements relating to such training. (L.L. 2017/196, 10/16/2017, eff. 10/16/2017; Am. L.L. 2019/093, 5/19/2019, eff. 9/16/2019)

NYC Admin. Code § 28-103.30 Real time enforcement unit.

§ 28-103.30 Real time enforcement unit. There is hereby established within the department a real time enforcement unit. Such unit and an agency that is delegated authority by the commissioner shall be responsible for enforcing the construction codes with respect to: 1. occupied multiple dwellings with complaints related to work without a permit; and 2. occupied multiple dwellings with valid permits for (i) the alteration of 10 percent or more of the existing floor surface area of the building or (ii) an addition to the building. (L.L. 2017/188, 10/16/2017, eff. 2/13/2018; Am. L.L; Am. L.L. 2017/233, 12/1/2017, eff. 12/1/2018)

NYC Admin. Code § 28-103.30.1 Tracking complaints related to work without a permit.

§ 28-103.30.1 Tracking complaints related to work without a permit. The real time enforcement unit shall receive and track all complaints related to work without a permit in occupied multiple dwellings. The unit shall retain records of such complaints. (L.L. 2017/188, 10/16/2017, eff. 2/13/2018; Am. L.L. 2017/233, 12/1/2017, eff. 12/1/2018)

NYC Admin. Code § 28-103.30.2 Monitoring occupied multiple dwellings with permits for alteration or addition.

§ 28-103.30.2 Monitoring occupied multiple dwellings with permits for alteration or addition. The real time enforcement unit shall monitor all occupied multiple dwellings with valid permits for (i) the alteration of 10 percent or more of the existing floor surface area of the building or (ii) an addition to the building. Owners of such buildings shall notify the department in writing at least 72 hours prior to the commencement of any work pursuant to such permits. (L.L. 2017/188, 10/16/2017, eff. 2/13/2018; Am. L.L. 2017/233, 12/1/2017, eff. 12/1/2018)

NYC Admin. Code § 28-103.30.3 Inspections.

§ 28-103.30.3 Inspections. For immediately hazardous complaints related to work without a permit in occupied multiple dwellings, the real time enforcement unit shall conduct inspections of such occupied multiple dwellings within 12 hours of the receipt of such complaints, except that complaints received after 8:00 p.m. shall be inspected by 10:00 a.m. on the following day. For all other complaints related to work without a permit in occupied multiple dwellings, such unit shall conduct inspections of such multiple dwelling within ten days of receipt of such complaints. The real time enforcement unit shall also conduct initial inspections of no fewer than five percent of occupied multiple dwellings with valid permits for alteration or addition as described in section 28-103.30.2, within 20 days of commencement of work for such alterations or additions and shall conduct periodic unannounced inspections thereafter until such work is complete. The unit shall be available to conduct inspections seven days a week, between the hours of 8:30 a.m. and 10:00 p.m. (L.L. 2017/188, 10/16/2017, eff. 2/13/2018; Am. L.L. 2017/233, 12/1/2017, eff. 12/1/2018; 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 § 28-103.30.4 Violations.

§ 28-103.30.4 Violations. The real time enforcement unit shall issue notices of violation or stop work orders as necessary. (L.L. 2017/188, 10/16/2017, eff. 2/13/2018; Am. L.L. 2017/233, 12/1/2017, eff. 12/1/2018)

NYC Admin. Code § 28-103.30.5 Report.

§ 28-103.30.5 Report. The department shall publish online an annual report with the following information related to the effectiveness of the real time enforcement unit: (i) the number of complaints received disaggregated by building; (ii) the average time taken to respond to complaints; (iii) the number of monitored occupied multiple dwellings with valid permits for alteration or addition as described in section 28-103.30.2; (iv) the number of initial and periodic inspections conducted disaggregated by building; and (v) the number and type of violations issued disaggregated by building. (L.L. 2017/188, 10/16/2017, eff. 2/13/2018; Am. L.L. 2017/233, 12/1/2017, eff. 12/1/2018; 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 § 28-103.31 Report on site safety manager and coordinator certifications.

§ 28-103.31 Report on site safety manager and coordinator certifications. In October of each year, the commissioner shall electronically submit to the city council and post on the department's website a report that includes the following information regarding site safety managers and site safety coordinators: 1. The (i) number of active site safety manager certificates and (ii) number of active site safety coordinator certificates; 2. The (i) number of active site safety manager certificates on the last day of the preceding year and (ii) number of active site safety coordinator certificates on the last day of the preceding year; 3. The (i) number of sites for which a site safety manager was required by this code during the preceding year and (ii) number of such sites for which a site safety manager was required by this code but for which a site safety coordinator may be designated in lieu of such manager pursuant to the exception to section 3310.5 of the New York city building code; 4. The (i) number of site safety manager certificates issued in the preceding year and (ii) number of site safety coordinator certificates issued in the preceding year; 5. The (i) number of applicants for site safety manager certificates who submitted applications during the preceding year and (ii) number of applicants for site safety coordinator certificates who submitted applications during the preceding year; 6. The (i) average length of time for an applicant who submitted an application for a site safety manager certificate during the preceding year to receive such certificate, measured from the date a completed application is submitted to the department and (ii) average length of time for an applicant who submitted an application for a site safety coordinator certificate during the preceding year to receive such certificate, measured from the date a completed application is submitted to the department; and 7. The (i) average length of time for an applicant who submitted an application for a site safety manager certificate during the preceding year to complete a background check, if any, for such certificate, measured from the date such applicant submitted all documentation necessary to complete such check, (ii) average length of time for an applicant who submitted an application for a site safety coordinator certificate during the preceding year to complete a background check, if any, for such certificate, measured from the date such applicant submitted all documentation necessary to complete such check (iii) the main three reasons for completions of background checks for applicants who submitted applications for site safety manager certificates during the preceding year exceeding the average length of time for completion of such background checks and (iv) the main three reasons for completions of background checks for applicants who submitted applications for site safety coordinator certificates during the preceding year exceeding the average length of time for completion of such background checks. (L.L. 2017/224, 12/1/2017, eff. 12/1/2017; 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 § 28-103.32 Education and outreach regarding single-occupant toilet room requirements.

§ 28-103.32 Education and outreach regarding single-occupant toilet room requirements. The department, in conjunction with (i) the mayor's office of immigrant affairs, (ii) the commission on human rights, (iii) the department of consumer and worker protection, (iv) the department of health and mental hygiene, (v) the department of small business services, (vi) the department of citywide administrative services and (vii) any other office or agency designated by the mayor, shall conduct education and outreach to increase awareness of sections 403.2.1 and 403.4 of the New York city plumbing code, regarding single-occupant toilet room requirements. Such education and outreach shall be tailored to business owners, and shall, at a minimum, include educational materials concerning such single-occupant toilet room requirements and the related posting and signage requirements, including samples of acceptable signage. Such materials and sample signage shall be available in the designated citywide languages as defined in section 23-1101. Information concerning such requirements shall also be made available on the department's website. (L.L. 2018/190, 12/1/2018, eff. 5/30/2019; Am. L.L. 2020/080, 8/28/2020, eff. 8/28/2020) Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2018/190 and L.L. 2020/080.

NYC Admin. Code § 28-103.32.1 Reporting.

§ 28-103.32.1 Reporting. In April of each year until April 1, 2023, the commissioner of buildings shall submit to the mayor and the speaker of the council, and post on the department's website, a report on: 1. The education and outreach conducted as required by section 28-103.32 including a description of how such outreach was conducted and the number of business owners reached through the outreach; 2. The number of complaints related to sections 403.2.1 and 403.4 of the New York city plumbing code reported to 311, disaggregated by online complaints and phone complaints; 3. The number of violations issued as a result of such complaints; 4. The total amount of penalties imposed as a result of such violations for the immediately preceding year; and 5. Whether subsequent inspections were conducted by the department to ensure future compliance with such sections of the New York city plumbing code. The reports required pursuant to this section shall remain permanently accessible on the department's website. (L.L. 2018/190, 12/1/2018, eff. 12/1/2018; Am. L.L. 2021/126, 11/7/2021, eff. 11/7/2022) Editor's note: Pursuant to L.L. 2018/190, this section will be repealed on December 1, 2023. For related unconsolidated provisions, see Appendix A at L.L. 2018/190 and L.L. 2021/126.

NYC Admin. Code § 28-103.33 Office of alternative energy.

§ 28-103.33 Office of alternative energy. There is hereby established within the department an office of alternative energy. (L.L. 2017/233, 12/1/2017, eff. 12/1/2018; Am. L.L. 2019/093, 5/19/2019, eff. 9/16/2019)

NYC Admin. Code § 28-103.33.1 Definitions.

§ 28-103.33.1 Definitions. As used in this section, the following terms have the following meaning: ALTERNATIVE ENERGY PROJECT. Construction work on a building that will result in such building having at least 50 kilowatts of alternative energy capacity installed onsite from: 1. A qualified energy resource, as such term is defined in section 45 of title 26 of the United States code; or 2. A source that is determined to be renewable by the commissioner or the head of another agency designated by the mayor. GREEN ROOF SYSTEM. See chapter 2 of the New York city building code. (L.L. 2017/233, 12/1/2017, eff. 12/1/2018; Am. L.L. 2019/093, 5/19/2019, eff. 9/16/2019; 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 § 28-103.33.2 Duties of the office of alternative energy.

§ 28-103.33.2 Duties of the office of alternative energy. The duties of the office of alternative energy include, but need not be limited to: 1. Establishing a program to (i) assist with the technical review and approval of applications and other documents submitted to the department in connection with alternative energy projects, (ii) provide guidance to applicants in connection with such projects, (iii) support technical research for advancing energy legislation and policy within the city and (iv) receive and respond to comments, questions and complaints with respect to such program; 2. Coordinating with the office of long-term planning and sustainability, fire department, department of small business services, department of housing preservation and development, and other relevant agencies to ensure that policies are in place to encourage the installation and maintenance of alternative energy projects, and seeking cooperation and assistance from the city university of New York with respect to such policies; and 3. Making recommendations to the commissioner and the heads of other agencies with respect to streamlining the process for obtaining the necessary approvals to install and maintain alternative energy projects. (L.L. 2017/233, 12/1/2017, eff. 12/1/2018; Am. L.L. 2019/093, 5/19/2019, eff. 9/16/2019)

NYC Admin. Code § 28-103.33.3 Reporting.

§ 28-103.33.3 Reporting. The head of the office of the alternative energy shall submit an annual report to the commissioner and to the head of any other relevant agency providing (i) a description of the most commonly received comments, questions and complaints received with respect to such office, (ii) a description of actions undertaken by such office to coordinate with other agencies and the results of such coordination, (iii) recommendations made pursuant to section 28-103.33.2 and (iv) recommendations with respect to expanding the definition of alternative energy project. By no later than three months after the end of each fiscal year, such office shall submit a report to the mayor and the speaker of the city council that includes a summary of the actions taken by any agency as a result of any comment, question, complaint or recommendation from or forwarded by such office. (L.L. 2017/233, 12/1/2017, eff. 12/1/2018; Am. L.L. 2019/093, 5/19/2019, eff. 9/16/2019; 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 § 28-103.33.4 Posting of information.

§ 28-103.33.4 Posting of information. The office of alternative energy shall maintain a website and shall post on such website the contact information for such office and a statement indicating that any person may contact such office if such person has a comment, question or complaint with respect to such office. (L.L. 2017/233, 12/1/2017, eff. 12/1/2018; Am. L.L. 2019/093, 5/19/2019, eff. 9/16/2019)

NYC Admin. Code § 28-103.33.4.1 Information regarding installation of green roof systems.

§ 28-103.33.4.1 Information regarding installation of green roof systems. The office of alternative energy shall further post and maintain links on its website to information regarding the installation of green roof systems and other resources and materials regarding green roof systems. (L.L. 2019/093, 5/19/2019, eff. 9/16/2019)

NYC Admin. Code § 28-103.34 Electronic mail address.

§ 28-103.34 Electronic mail address. All applicants, licensees, permit holders, and any other person or entity that submits any report or certification or seeks or receives any approval or authorization from the department shall provide to the department an active electronic mail address for purposes of receiving communications from the department, except where another method of communication is authorized by the commissioner. It shall be the responsibility of the applicant, licensee, permit holder or other person or entity to monitor and maintain an electronic mail address and notify the department of any changes. (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 § 28-103.34.1 Electronic notification.

§ 28-103.34.1 Electronic notification. The commissioner may send written notices, documents or other correspondence to the electronic mail address provided pursuant to this section. Upon consent of such applicant, licensee, permit holder or other person or entity, the commissioner may serve an order to such electronic mail address. (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 § 28-103.35 Electronic mail notice of construction project updates.

§ 28-103.35 Electronic mail notice of construction project updates. The department shall provide, free of charge, a service allowing users to register to receive an automated e-mail notification each time a change in status is recorded with respect to one or more construction projects, selected by such user. Such electronic mail notifications shall include any updates to work permits issued by the department for each such selected construction project, including issuance of any stop work order issued pursuant to section 28-207.2. (L.L. 2019/059, 3/31/2019, eff. 9/27/2019; 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 § 28-103.36 Bird friendly design and construction requirements.

§ 28-103.36 Bird friendly design and construction requirements. The department shall issue, and update as necessary, bird friendly building design and construction requirements. No later than October 1, 2020, the department shall post on its website such requirements and information about compliance with section 1403.8 of the New York city building code. (L.L. 2020/015, 1/10/2020, eff. 1/10/2021) Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2020/015.

NYC Admin. Code § 28-103.37 Education and outreach on solar and green roof systems.

§ 28-103.37 Education and outreach on solar and green roof systems. No later than January 31, 2024, and annually for five years thereafter, the department shall conduct targeted outreach to educate building owners about the benefits of installing solar and green roof systems. Educational materials distributed pursuant to this section shall be in plain language and made available in all of the designated citywide languages, as defined in section 23-1101 of this code. Such educational materials shall also be available on the department's website. (L.L. 2023/057, 5/12/2023, eff. 5/12/2023)

NYC Admin. Code § 28-103.38 (Reporting regarding certain rooftop spaces) Reporting regarding certain rooftop spaces.

§ 28-103.38 Reporting regarding certain rooftop spaces.* * Editor's note: there are two sections designated as § 28-103.38. No later than March 31 of each year, the commissioner shall submit to the mayor and the speaker of the council and shall post on the department’s website a report on rooftop occupancy in the city. The report shall contain the following information for certificates of occupancy and place of assembly certificates of operation issued in the preceding year, disaggregated by community board: 1. The number of buildings with a roof deck, roof terrace, or other rooftop recreational space indicated on the certificate of occupancy for such building, and the building address; 2. The number of rooftops that have been issued a place of assembly certificate of operation, and the building address for each such rooftop; and 3. Any other information that the commissioner deems relevant. (L.L. 2025/125, 9/13/2025, eff. 9/13/2026)

NYC Admin. Code § 28-103.38 (Outreach and education for the watch list of contractors…) Outreach and education for the watch list of contractors performing work without the required permit.

§ 28-103.38 Outreach and education for the watch list of contractors performing work without the required permit.* * Editor's note: there are two sections designated as § 28-103.38. The department shall conduct education and outreach to increase awareness of section 28-213.5, which requires the department to compile a watch list of contractors who have been found to have performed work without a required permit. Educational materials distributed pursuant to this section shall be in plain language and made available in all of the designated citywide languages, as defined in section 23-1101 of this code. Such educational materials shall also be available on the department's website. (L.L. 2025/181, 12/12/2025, eff. 6/10/2026)

NYC Admin. Code § 28-103.39 Education and outreach regarding awnings and accessory signs.

§ 28-103.39 Education and outreach regarding awnings and accessory signs. No later than June 30, 2026, and annually thereafter, the department, in coordination with the department of small business services, shall conduct outreach to educate small business owners and sign makers about local laws and regulations applicable to awnings and accessory signs and their installation, including the provisions of articles 105 and 415 of this title, the relevant provisions of the New York city building code, and the provisions of the New York city zoning resolution related to awnings and accessory signs. Such outreach shall include the distribution of written materials in the designated citywide languages, as defined in section 23-1101, copies of which shall also be available on the department’s website. Such written materials shall be updated whenever the relevant laws or regulations change. Such written materials and outreach shall be developed to guide business owners and sign makers in the compliant design, structure, and hanging of awnings and accessory signs and shall, at a minimum, include educational materials concerning: 1. The requirements of the New York city zoning resolution and the New York city building code related to the surface area, projection, and text on signs and awnings, including examples of compliant signs and awnings; 2. The circumstances in which a permit is required for the installation of an accessory sign; 3. The circumstances in which a special licensed sign hanger or master licensed sign hanger is required to install a sign; and 4. The penalties for failing to comply with the above requirements. (L.L. 2026/015, 1/3/2026, eff. 1/3/2026) Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2026/015.

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/0-0-0-207476Fetched: 10/24/2026