Certificates of Occupancy

NYC Admin. Code tit. 28, ch. 1, art. 118

in effect

NYC Admin. Code § 28-118.1 General provisions.

§ 28-118.1 General provisions. No building or open lot shall be used or occupied without a certificate of occupancy issued by the commissioner. Issuance of a certificate of occupancy shall not be construed as an approval of a violation of the provisions of this code or of other applicable laws and rules.

NYC Admin. Code § 28-118.2 New buildings or open lots.

§ 28-118.2 New buildings or open lots. No building hereafter constructed or open lot shall be occupied or used, in whole or in part, unless and until a certificate of occupancy shall have been issued certifying that such building or open lot conforms substantially to the approved construction documents and the provisions of this code and other applicable laws and rules.

NYC Admin. Code § 28-118.3 Completed buildings or open lots.

§ 28-118.3 Completed buildings or open lots. The provisions of sections 28-118.3.1 through 28-118.3.4 shall apply to completed buildings or open lots. Exception: The provisions of sections 28-118.3.1 and 28-118.3.2 shall not be interpreted to require an issuance of a new or amended certificate of occupancy for a change from a mercantile establishment to a business establishment, or from a business establishment to a mercantile establishment, provided all the following criteria are met: 1. Such alteration is limited to a change within the same zoning use group; 2. The maximum occupant load for the individual establishment, both as existing and proposed, does not exceed 74 persons based on occupant load calculations in accordance with Table 6-2 of the 1968 building code or Table 1004.1.3 of the New York city building code, as applicable; 3. The establishment is located on the ground floor, accessed by the public directly from the exterior of the building; 4. The establishment undergoing alteration complies or is made to comply with any other requirements that would be applicable to the alteration, including but not limited to accessibility, and fire protection requirements pursuant to sections 901.9.2 and 1101.3.1 of the New York city building code; 5. Such alteration does not require a change in the required exits. Relocation of exit doors of the same size or larger shall not constitute a change in the required exits; and 6. Such alteration does not require a change in the live load from that stated on the existing certificate of occupancy. (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 § 28-118.3.1 Change of occupancy or use.

§ 28-118.3.1 Change of occupancy or use. No building, open lot or portion thereof hereafter altered so as to change from one occupancy group to another, or from one zoning use group to another, either in whole or in part, shall be occupied or used unless and until the commissioner has issued a certificate of occupancy certifying that the alteration work for which the permit was issued has been completed substantially in accordance with the approved construction documents and the provisions of this code and other applicable laws and rules for the new occupancy or use.

NYC Admin. Code § 28-118.3.2 Changes inconsistent with existing certificate of occupancy.

§ 28-118.3.2 Changes inconsistent with existing certificate of occupancy. No change shall be made to a building, open lot or portion thereof inconsistent with the last issued certificate of occupancy or, where applicable, inconsistent with the last issued certificate of completion for such building or open lot or which would bring it under some special provision of this code or other applicable laws or rules, unless and until the commissioner has issued a new or amended certificate of occupancy.

NYC Admin. Code § 28-118.3.2.1 Changes in the address, block, lot, or zoning lot.

§ 28-118.3.2.1 Changes in the address, block, lot, or zoning lot. When changes are made in the address of a building or open use, the block and/or lot numbers, or the metes and bounds of the zoning lot that are inconsistent with that indicated on a certificate of occupancy, the owner shall obtain a new or amended certificate of occupancy within one year of such change. For purposes of this section: 1. The date of change in the metes and bounds of the zoning lot shall be the date of the approval of construction documents for any new building or enlargement on the zoning lot, as per article 104 following the reporting required in section 28-104.7.18; 2. The date of the change of the address or the block and/or lot numbers shall be the date such change is made effective by the borough president or the department of finance. (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 § 28-118.3.3 Zoning lot change not inconsistent with existing certificate of occupancy.

§ 28-118.3.3 Zoning lot change not inconsistent with existing certificate of occupancy. Where metes and bounds of the zoning lot have been changed after the effective date of the local law that added this section and construction documents are approved for a new building or enlargement within such metes and bounds, an owner of a tax lot within such metes and bounds with a certificate of occupancy that does not indicate zoning lot metes and bounds shall file an application with the department notifying it of the amended metes and bounds, including the city registration file number (CRFN) numbers of the related zoning lot exhibits, and obtain approval and sign off within one year from the date of such change in metes and bounds. For purposes of this section, the date of change in the metes and bounds of the zoning lot shall be the date of the approval of construction documents for any new building or enlargement on the zoning lot, in accordance with article 104 following the reporting required in section 28-104.7.18. (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 § 28-118.3.4 Changes to exits.

§ 28-118.3.4 Changes to exits. No building hereafter altered so as to cause a major alteration to existing exits shall be occupied or used unless and until the commissioner has issued a certificate of occupancy certifying that the alteration work for which the permit was issued has been completed substantially in accordance with the approved construction documents and the provisions of this code and other applicable laws and rules. (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 § 28-118.3.5 Existing buildings or open lots without certificates of occupancy.

§ 28-118.3.5 Existing buildings or open lots without certificates of occupancy. A building or open lot in existence prior to January 1, 1938 and heretofore legally used or occupied without a certificate of occupancy or, if applicable, a certificate of completion, and subject to the provisions of section 28-102.4 (continuation of lawful existing use), may continue to be used or occupied without a certificate of occupancy or, if applicable, a certificate of completion, provided such use or occupancy is not inconsistent with the records of the department relating to the lawful use of such building or open lot, and complies with applicable laws and rules, and provided there is no change in the existing use or occupancy classification of the building, open lot or portion thereof. (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 § 28-118.3.5.1 Zoning lot change.

§ 28-118.3.5.1 Zoning lot change. Where metes and bounds of a zoning lot have been changed after the effective date of this code for a building or open lot in existence prior to January 1, 1938 and heretofore legally used or occupied without a certificate of occupancy, the owner shall file an application with the department notifying it of such change in metes and bounds, including the CRFN numbers of the related zoning lot exhibits, and obtain approval and sign off within one year from the date of the change in metes and bounds of the zoning lot. For purposes of this section, the date of change in the metes and bounds of the zoning lot, shall be the date of the approval of construction documents for any new building or enlargement on the zoning lot, as per article 104 following the reporting required in section 28-104.7.18. (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 § 28-118.3.5.2 Application for certificate of occupancy.

§ 28-118.3.5.2 Application for certificate of occupancy. Upon application by the owner of such a building or open lot in existence prior to January 1, 1938, the commissioner shall issue a certificate of occupancy for such building, provided that at the time of issuing such certificate, such existing building is in compliance with all retroactive requirements of the 1968 building code applicable to such building and no notices of violation or other notices or orders affecting the building as they relate to the provisions of this code or the 1968 building code are pending before the department, and provided further that it is established to the satisfaction of the commissioner, after inspection and investigation, that the alleged use and occupancy of the building has heretofore legally existed. (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 § 28-118.3.5.3 Partial certificates of occupancy.

§ 28-118.3.5.3 Partial certificates of occupancy. Partial certificates of occupancy may be issued pursuant to section 28-118.20. (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 § 28-118.4 Applications for certificates of occupancy.

§ 28-118.4 Applications for certificates of occupancy. All applications for certificates of occupancy shall be submitted on forms furnished by the department. Applications for new buildings or additions to buildings shall be accompanied by an accurate and complete final lot survey made by a land surveyor showing such information as prescribed by the commissioner. The commissioner may waive the requirement of such survey in the case of small sheds, stands, temporary structures, signs, and similar small structures.

NYC Admin. Code § 28-118.4.1 Applicant.

§ 28-118.4.1 Applicant. The application for a certificate of occupancy shall be made by or on behalf of the owner of the building or open lot; and if made by a person other than the owner, the application shall be accompanied by a signed statement of the applicant stating that the applicant is authorized by the owner to make the application. The full names and addresses of the owner, and applicant, and of the principal officers thereof, if a corporation, shall be stated in the application.

NYC Admin. Code § 28-118.4.2 Statement of compliance.

§ 28-118.4.2 Statement of compliance. When a certificate of occupancy for a new or altered building is applied for, the application shall be accompanied by a signed statement of the registered design professional of record or permittee, stating that such person has examined the approved construction documents and specifications of the building for which the certificate of occupancy is sought, and that, to the best of his or her knowledge and belief, the building has been erected or altered in accordance with the approved construction documents and specifications and, as erected or altered, complies with the provisions of this code and all other applicable laws and rules, except insofar as variations or variances therefrom have been legally permitted or authorized, specifying such variations or variances in such required statement. (Am. L.L. 2021/006, 1/10/2021, eff. 5/10/2021; 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 § 28-118.4.3 Timeframe for application.

§ 28-118.4.3 Timeframe for application. The application for the certificate of occupancy must be submitted within six months of the final construction inspection. The department may refuse to issue a certificate of occupancy where the final inspection was completed more than six months prior to such application. (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 § 28-118.5 Review of applications for certificates of occupancy.

§ 28-118.5 Review of applications for certificates of occupancy. All applications for certificates of occupancy and accompanying submittal documents shall be examined promptly after their submission. If the building is entitled to the certificate of occupancy applied for, the application shall be approved and the certificate of occupancy issued by the commissioner within 10 calendar days after submission of a complete application. Otherwise, the application shall be rejected and written notice of rejection, stating the grounds of rejection, shall be given to the applicant within 10 calendar days of the submission of the application. Wherever an application has been rejected and proof is thereafter submitted establishing that the grounds of rejection have been met and that the building is entitled to the certificate of occupancy applied for, the application shall be approved and the certificate of occupancy issued within 10 calendar days after submission of such proof.

NYC Admin. Code § 28-118.6 Issuance of certificate of occupancy.

§ 28-118.6 Issuance of certificate of occupancy. After the commissioner inspects the building or open lot and determines that the building or open lot conforms substantially to the approved construction documents and to the provisions of this code and other applicable laws and rules, the commissioner shall issue a certificate of occupancy that shall contain information including, but not limited to: 1. The building permit number. 2. The address of the structure. 3. Block and lot numbers pertaining to the zoning lot as of the date of issuance, as defined in section 12-10 of the New York city zoning resolution. 4. The description of the structure for which the certificate is issued. 5. A statement that the described portion of the structure has been inspected for compliance with the requirements of this code. 6. The name and signature of the commissioner. 7. The code under which the permit was issued. 8. The use and occupancy, in accordance with this code and the zoning resolution. 9. The type of construction as defined in this code. 10. The design occupant load of floors and spaces, including roofs. 11. Types of major fire suppression or alarm systems. 12. Any special stipulations and conditions of the building permit. 13. The maximum permissible live loads on the building floors and roofs. 14. The number of parking spaces. (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 § 28-118.7 Pavement plan.

§ 28-118.7 Pavement plan. No certificate of occupancy shall be issued for any building or open lot requiring a pavement plan pursuant to article 108 unless and until an inspection has been made to show that all work necessary for compliance with the pavement plan has been completed.

NYC Admin. Code § 28-118.7.1 Certification.

§ 28-118.7.1 Certification. No certificate of occupancy shall be issued for any building or open lot requiring a certification pursuant to article 108 unless and until the applicant, after completion of construction work, inspects the sidewalk and certifies that the sidewalk is free from defects. Exception: The commissioner may issue a certificate of occupancy if in lieu of such certification the owner furnishes to the department prior to the issuance of the certificate of occupancy security satisfactory to the department that the sidewalk will be installed and paved or repaired within the time specified by the department.

NYC Admin. Code § 28-118.8 Sanitary/storm water drainage.

§ 28-118.8 Sanitary/storm water drainage. No certificate of occupancy shall be issued until the department confirms by inspection that all work relating to the installation of the part of the sanitary/storm water drainage system which lies outside of such property, if and as required by section 24-526 of the administrative code, has been satisfactorily completed.

NYC Admin. Code § 28-118.9 Fire protection plan.

§ 28-118.9 Fire protection plan. No certificate of occupancy shall be issued until a fire protection plan, if required pursuant to article 109, has been filed and accepted.

NYC Admin. Code § 28-118.10 Electrical work.

§ 28-118.10 Electrical work. No certificate of occupancy shall be issued unless compliance with the New York city electrical code is certified by the commissioner.

NYC Admin. Code § 28-118.11 Certificates of compliance.

§ 28-118.11 Certificates of compliance. No certificate of occupancy shall be issued until certificates of compliance are issued for the following types of service equipment: 1. Air conditioning and ventilation systems. 2. Elevators, escalators, moving walkways and dumbwaiters. 3. Fuel burning and fuel oil storage equipment. 4. Refrigeration systems. 5. Heating systems. 6. Boilers.

NYC Admin. Code § 28-118.12 Place of assembly certificate of operation.

§ 28-118.12 Place of assembly certificate of operation. The issuance of a certificate of occupancy shall not authorize the use of any space as a place of assembly unless and until the commissioner thereafter issues a place of assembly certificate of operation.

NYC Admin. Code § 28-118.13 Certificates of occupancy for air-inflated structures, air-supported structures, and tents.

§ 28-118.13 Certificates of occupancy for air-inflated structures, air-supported structures, and tents. Certificates of occupancy for air-inflated structures, air-supported structures, and tents shall be issued for a period not exceeding one year. Such certificates may be renewed for one-year periods upon demonstration that the structure complies with all laws and rules in effect at the time of the request for renewal.

NYC Admin. Code § 28-118.14 Payment of outstanding fees and penalties.

§ 28-118.14 Payment of outstanding fees and penalties. The department may refuse to issue a certificate of occupancy for a building pending payment of all outstanding fees, fines or civil penalties imposed for violations of this code, the 1968 building code or other laws enforced by the department at the same building. (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 § 28-118.15 Temporary certificates of occupancy.

§ 28-118.15 Temporary certificates of occupancy. Upon application, the commissioner is authorized to issue a temporary certificate of occupancy before the completion of the entire work covered by the permit, provided that the subject portion or portions of the building may be occupied and maintained in a manner that will not endanger public safety, health, or welfare. The commissioner may refuse to issue a temporary certificate of occupancy for a building pending payment of all outstanding fees, fines or civil penalties imposed for violations of this code, the 1968 building code or other laws enforced by the department at the same building. The commissioner shall set a time period during which the temporary certificate of occupancy is valid. The provisions of section 28-118.15.1 apply only to interim certificates of occupancy. Nothing in section 28-118.15.1 is intended to affect, alter or amend the commissioner's power to issue or to set time periods for the expiration of temporary certificates of occupancy that are not interim certificates of occupancy. (Am. L.L. 2021/006, 1/10/2021, eff. 5/10/2021; 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 § 28-118.15.1 Interim certificate of occupancy.

§ 28-118.15.1 Interim certificate of occupancy. An interim certificate of occupancy may be issued authorizing occupancy of a specific floor or floors of a building prior to the completion of the entire work covered by a permit in accordance with this section and rules of the department, subject to the following conditions: 1. The building is of noncombustible construction and protected with an automatic sprinkler system; 2. Adequate means of egress are provided; 3. There are no outstanding objections relating to or affecting the occupancy of such portion of the building; and 4. Upon inspection, the portion of the building is deemed safe for occupancy without reliance upon temporary measures. Exceptions: Section 28-118.15.1 shall not apply to: 1. Residential buildings with fewer than eight stories or fewer than four dwelling units; or 2. Nonresidential buildings with fewer than five stories; or 3. Mixed-use buildings with fewer than four dwelling units; or 4. Parking structures. (L.L. 2021/006, 1/10/2021, eff. 5/10/2021; 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. 2023/077.

NYC Admin. Code § 28-118.15.1.1 Issuance, contents and posting of interim certificate of occupancy.

§ 28-118.15.1.1 Issuance, contents and posting of interim certificate of occupancy. An interim certificate of occupancy shall be issued after an inspection by the commissioner determines that the floor or floors of the building conform substantially to the approved construction documents and to the provisions of this code and other applicable laws and rules. Such interim certificate of occupancy shall contain the same information as a certificate of occupancy issued pursuant to section 28-118.6 and shall be posted while it is in effect in accordance with section 28-118.19 and replaced when necessary in accordance with section 28-118.19.1. (L.L. 2021/006, 1/10/2021, eff. 5/10/2021)

NYC Admin. Code § 28-118.15.1.2 Effective period.

§ 28-118.15.1.2 Effective period. An interim certificate of occupancy shall remain in effect until the issuance of a certificate of occupancy for the building in accordance with section 28-118.6. (L.L. 2021/006, 1/10/2021, eff. 5/10/2021)

NYC Admin. Code § 28-118.15.2 Revocation and suspension.

§ 28-118.15.2 Revocation and suspension. The commissioner may revoke or suspend a temporary certificate of occupancy, including an interim certificate of occupancy, that was issued in error, or on the basis of incorrect information provided to the department, or based on discontinuance of a nonconforming use pursuant to article V of the New York city zoning resolution, in accordance with the procedures set forth in sections 28-105.10.1 and 28-105.10.2 for the suspension or revocation of a permit. (L.L. 2021/006, 1/10/2021, eff. 5/10/2021; 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 § 28-118.16 Amended certificate of occupancy.

§ 28-118.16 Amended certificate of occupancy. The provisions of sections 28-118.16.1 through 28-118.16.2 shall apply to amended certificates of occupancy.

NYC Admin. Code § 28-118.16.1 Buildings exceeding three stories in height and change does not exceed 20 percent of total floor area.

§ 28-118.16.1 Buildings exceeding three stories in height and change does not exceed 20 percent of total floor area. Where a building exceeds three stories in height and the change does not exceed 20 percent of the total floor area, an amendment to the existing certificate of occupancy for such new use shall be issued by the commissioner certifying that the proposed new occupancy and use conforms to the provisions of the laws governing building construction and that the proposed use will not be in conflict with any provisions of the New York state labor law, New York state multiple dwelling law or the zoning resolution. (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 § 28-118.16.2 Change in address of the structure, block and lot numbers or metes and bounds of a zoning lot subsequent to the issuance of a certificate of occupancy.

§ 28-118.16.2 Change in address of the structure, block and lot numbers or metes and bounds of a zoning lot subsequent to the issuance of a certificate of occupancy. Where no change is made to a building, open lot or portion thereof inconsistent with the last issued certificate of occupancy, an amended certificate of occupancy may be issued to reflect a change in the address of the structure, block and lot numbers or the metes and bounds of the zoning lot. Notwithstanding any other provisions of law, removal of violations and payment of outstanding penalties are not required prior to issuance of an amended certificate of occupancy in accordance with this section 28-118.16.2.

NYC Admin. Code § 28-118.17 Revocation of certificates of occupancy.

§ 28-118.17 Revocation of certificates of occupancy. The commissioner is authorized to request, in writing, pursuant to section 645 of the New York city charter that the board of standards and appeals or a court of competent jurisdiction revoke, vacate, or modify a certificate of occupancy issued under the provisions of this code whenever the certificate is issued in error, or on the basis of incorrect information provided to the department, or the nonconforming use reflected on the certificate of occupancy is no longer permitted pursuant to article V of the New York city zoning resolution. This section shall not be construed to apply to interim certificates of occupancy and other temporary certificates of occupancy.) (Am. L.L. 2021/006, 1/10/2021, eff. 5/10/2021; 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 § 28-118.18 Record of certificates.

§ 28-118.18 Record of certificates. A record of all certificates of occupancy shall be kept by the department; and copies thereof shall be furnished by the department upon request, and on the payment of the fee prescribed in article 112 of this chapter. The certificate of occupancy or a copy thereof shall be available for inspection at the building at all reasonable times.

NYC Admin. Code § 28-118.19 Posting of certificates of occupancy.

§ 28-118.19 Posting of certificates of occupancy. The owner shall post a copy of the building's certificate of occupancy, partial certificates of occupancy or temporary, including interim, certificates of occupancy in accordance with this section, except buildings occupied entirely by group R-3. Owners of buildings that are not required to have a certificate of occupancy shall post a sign or placard in a form prescribed by the commissioner. The certificate of occupancy or sign, as applicable, shall be permanently affixed to the structure in a conspicuous location in a public hall, corridor, management office of the building or as otherwise prescribed by the commissioner. (Am. L.L. 2021/006, 1/10/2021, eff. 5/10/2021; 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 § 28-118.19.1 Replacement of posted certificates of occupancy and signs.

§ 28-118.19.1 Replacement of posted certificates of occupancy and signs. All posted certificates of occupancy, partial certificates of occupancy, temporary, including interim, certificates of occupancy or signs, as applicable, shall not be removed or defaced and, if lost, removed or defaced, shall be immediately replaced. The commissioner may inspect or cause to be inspected periodically all buildings for compliance with the provisions of this code in regard to posting; and the inspection reports shall specify any violation thereof. (Am. L.L. 2021/006, 1/10/2021, eff. 5/10/2021)

NYC Admin. Code § 28-118.20 Partial certificate of occupancy.

§ 28-118.20 Partial certificate of occupancy. A partial certificate of occupancy may be issued to a specific floor or floors of an existing building erected prior to January 1, 1938 subject to the following conditions: 1. The building does not have and is not otherwise required to have a certificate of occupancy or certificate of completion, if applicable. 2. The floor or floors for which a certificate of occupancy is issued shall not constitute more than 50 percent of the gross floor area of the building. 3. The building is of noncombustible construction and protected with an automatic sprinkler system. 4. Adequate means of egress are provided from all floors. 5. Upon inspection, the building is deemed safe for occupancy.

NYC Admin. Code § 28-118.21 Live loads posted.

§ 28-118.21 Live loads posted. Where the live loads for which each floor or portion thereof of a commercial or industrial building is or has been designed to exceed 50 psf (2.40 kN/m2), a certificate of occupancy required by this article shall not be issued until such design loads shall be conspicuously posted by the owner in that part of each story in which they apply, using durable signs. It shall be unlawful to remove or deface such signs. Exception. This section shall not apply to prior code buildings. (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 § 28-118.22 Post-construction stormwater management facilities.

§ 28-118.22 Post-construction stormwater management facilities. The department shall not issue a certificate of occupancy with respect to a building or premises that is part of a covered development project unless the applicant submits proof that the department of environmental protection has issued a stormwater maintenance permit for any post-construction stormwater management facilities serving such building or premises. (L.L. 2017/097, 5/30/2017, eff. 6/1/2019)

NYC Admin. Code § 28-118.23 Extension, alteration or relocation of chimneys and vents.

§ 28-118.23 Extension, alteration or relocation of chimneys and vents. No certificate of occupancy shall be issued until all chimneys and vents required to be extended, altered or relocated 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 have been so modified. Exceptions: 1. A certificate of occupancy may be issued to the new or altered taller building where access is granted and conditions are observed that result in a determination that chimney or vent alteration is not required and a revised chimney or vent plan is submitted pursuant to section 107.18 of the New York city building code. 2. A certificate of occupancy may be issued to the new or altered taller building where one or more of the chimneys or vents requiring alteration has not been altered or proven to comply with the applicable requirements of the New York city fuel gas code or New York city mechanical code as required when the following conditions have been met: 2.1. The owners of the affected buildings have provided their refusal of consent in writing, or the owner of the affected buildings failed to grant consent after the owner of the new or altered taller building has made all the required notifications to the affected building owners; and 2.2. The owner of the new or taller building demonstrates to the department in the form of a written statement from a registered design professional that there is no hazard to the occupancy in whole or in part of the new or altered building from the continued operation of the chimneys or vents in question. (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/0-0-0-156982Fetched: 10/24/2026