§ 28-201.2.1 Specified immediately hazardous violations.
The commissioner shall classify the following violations as immediately hazardous:
1. With respect to violations of article 210 of this chapter:
1.1. A violation of section 28-210.1 in which a building legally approved for occupancy as a one-family or two-family dwelling (as set forth in the certificate of occupancy or if no certificate of occupancy is required, as evidenced by official records) is illegally converted to or maintained as a dwelling for occupancy by four or more families; or
1.2. A violation of sections 28-210.1 and 28-210.2 in any building involving the illegal conversion, maintenance or occupancy of three or more dwelling units than are legally authorized by the certificate of occupancy or if no certificate of occupancy is required as evidenced by official records.
2. Any violation of section 28-211.1 false statement;
3. Any violation of a stop work order or of a cease use order;
4. Any violation of a vacate order or order to seal, secure and close, or closure order;
5. Unlawful demolition;
6. Falsely impersonating an employee or authorized representative of the department;
7. Occupancy without a required certificate of occupancy;
8. Intentional disobedience or violation of any provision of a closure order;
9. Submittal of a materially false or misleading professional certification.
10. A violation of section 28-212.11.
11. A violation of section 28-307.1.
12. A violation by a licensed rigger or person performing the functions and duties of a licensed rigger of the provisions of sections 28-404.1 or 28-401.9 of this code or such person's failure to ensure that workers have certificates of fitness required pursuant to this code or applicable rule or any person's violation of the provisions of sections 3314.4.3.1 and 3314.4.3.4 of the New York city building code.
13. A violation of any provision of chapter 4 of this title for engaging in any business or occupation without a required license or other authorization or a violation of section 27-3017 for performing electrical work without a required license.
14. Any person who knowingly permits or causes a violation of section 3314.4.5 or section 3314.4.6 of the New York city building code.
15. A violation of sections 3303.4.5 and 3303.4.6 of the New York city building code.
16. A violation of section 28-210.3 that involves more than one dwelling unit or a second or subsequent violation of section 28-210.3 by the same person at the same dwelling unit or multiple dwelling.
17. A violation of sections 28-119.1 or 28-119.1.1.
18. A violation of section 106.2 of the New York city fuel gas code relating to work on a gas piping system.
19. A violation of sections 406.6.2, 406.6.2.1, 406.6.2.2, 406.6.2.3 or 406.6.3 of the New York city fuel gas code.
20. A second or subsequent violation of section 3321.1 of the New York city building code.
21. A violation of sections 28-401.19(1), 28-401.19(2), 28-401.19(3), 28-401.19(4), 28-401.19(6), 28-401.19(7), 28-401.19(10), 28-401.19(11) or 28-401.19(15).
(Am. L.L. 2016/159, 12/6/2016, eff. 4/5/2017; Am. L.L. 2017/046, 3/21/2017, eff. 6/19/2017; Am. L.L. 2017/078, 5/10/2017, eff. 5/10/2017; Am. L.L. 2017/094, 5/30/2017, eff. 9/27/2017; Am. L.L. 2017/196, 10/16/2017, eff. 10/16/2017; 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. 2008/008, L.L. 2012/045, and L.L. 2021/126.
