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NYC - Administration Policy And Procedure Notice # 1/05, 2005
- NYC Department of Buildings Robert LiMandri,
- 280 Broadway, New York,. NY 10007 Deputy Commissioner, O
- Patricia J. Lancaster, F.A.I.A, Commissioner Phone: (212)
- (212) 566-5000, TTY: (212) 566-4769 Fax: (212) 566-3
- E-mail: robertl@buildings.nyc.gov
- Issuance #658
- ______________________________________________ [Go to Page]
- POLICY AND PROCEDURE NOTICE 1/05
- ______________________________________________ [Go to Page]
- DATE: July 19, 2005
- SUBJECT: Update of documentation requirements for Local Law
- EFFECTIVE: Immediately
- SUPERSEDES: Administrative Policy and Procedure Notices #5/
- PURPOSE:
- To update eligibility and evidentiary requirements for appli
- Granting a Waiver Based on Owner Status
- Granting a Waiver Based on Building Status
- Granting a Waiver Based on Device Status
- Granting a Reduction or Dismissal Based on Time of Filing
- Granting a Dismissal of PVT Elevator Violations Based on Sat
- Granting a Dismissal of Electrical Violation Based on Satisf
- Please visit the Forms link on the Department of Buildings (
- SPECIFICS:
- All requests for penalty abatements or waivers (“waivers”) m [Go to Page]
- 4th Floor
- New York, NY 10007
- Explanation of Waiver (for Local Laws 62/91, 11/98, and 10/8
- Evidence and Eligibility: Civil penalty waivers, civil pena
- Granting a Waiver Based on Owner Status. Civil penalties ma [Go to Page]
- New Owner
- The penalties were incurred under a previous owner that has
- Proof of a recorded deed evidencing transfer of ownership to
- DOB may obtain proof online through the Department of Financ
- Applicant must provide only if the record is not available o
- Government Ownership
- The penalties are incurred while a building is under governm
- Official documentation from the government entity affirming
- Owner must provide letter on official government letterhead.
- Bankruptcy
- The penalties were incurred prior to the date that the owner
- A copy of the bankruptcy petition, together with proof that
- Owner must provide required bankruptcy documentation.
- Granting a Waiver Based on Building Status. Waivers for Loc [Go to Page]
- Criteria
- Required Documentation
- Source
- Demolished
- The penalties were incurred for a building that had been dem
- City or Departmental records evidencing demolition of the bu
- DOB may look up demolition sign-off and New Building permit
- Applicant must bring in official city record of demolition s
- Sealed or Vacated (for LL 10/81 and 62/91 only)
- The penalties were incurred while the building was sealed or
- DOB document(s) demonstrating that the building was sealed p
- OR:
- A sworn affidavit by the owner stating that the building was
- DOB may look up vacate order online.
- Applicant must provide affidavit.
- Building with Less than Six Families (LL 62/91 Only)
- The penalties were incurred for a building with less than si
- Copy of the current Certificate of Occupancy showing that th
- DOB may look up Certificate of Occupancy online or Permissib
- Applicant must provide application number.
- Mixed Use Building (LL 62/91 Only)
- One boiler heats the residential space, which is occupied by
- NOTE: Waiver is only applicable to the boiler that serves th
- A copy of the current Certificate of Occupancy
- AND:
- “Self Certification of Removed or Existing Boiler(s)” form (
- DOB may look up Certificate of Occupancy online or Permissib
- Applicant must provide application number.
- Also, if the OP 49 is not on file with DOB, applicant must p
- Please note that waivers and dismissals are NOT available fo
- A building where the boiler heats the commercial space, rega
- A building where the boiler is located in a dwelling occupie
- Granting a Waiver based on Device Status. Civil penalties ma [Go to Page]
- Criteria
- Required Documentation
- Source [Go to Page]
- The penalties were incurred after elevator had been removed
- Proof that a permit was issued by DOB for the removal of the [Go to Page]
- DOB “sign-off” indicating that the elevator was removed prio
- DOB may look up permit and sign-off online.
- Applicant must provide only if records are not on file with
- Removed or Disconnected Boiler
- The penalties were incurred after boiler had been disconnect
- A “Self-Certification of Removed or Existing Boiler(s)” form
- If the OP 49 is not on file with DOB, the applicant must pro [Go to Page]
- The penalties were incurred for a period during which the de
- Proof of the Acceptance Test (for elevators) or First Test (
- DOB may look up proof of Acceptance Test and First Test in B
- Applicant must provide only if records are not on file with [Go to Page]
- The penalties were incurred while device was inactive and un
- Proof of work in progress such as work permit or approval fr
- DOB may look up permit information online.
- Applicant must provide only if records are not on file with
- Granting a Reduction or Dismissal Based on Time of Filing. A [Go to Page]
- On Time
- Dismissal
- The filing and performance of the inspection were both done
- Copy of Annual Inspection report (OP-1 for boilers, ELV-3 fo [Go to Page]
- Canceled check (front and back) as proof of payment of the f
- Applicant must provide documentation.
- Late Filing (LL 62/91 Only)
- Civil Penalty Reduction
- Inspection was done prior to the deadline.
- Filed inspection report (OP-1 for boilers) for the current y [Go to Page]
- -Inspection invoice
- -Receipt of payment
- -Executed contract with insurance company or inspector
- Applicant must provide documentation.
- Filing between 1981 and 1987 (LL 10/81 Only)
- Civil Penalty Reduction
- The filing and performance of the inspection were both done
- Proof of compliance of filing requirement in any year betwee
- Applicant must provide documentation and payment.
- Granting a Dismissal of PVT Elevator Violations Based on Sat [Go to Page]
- PVT (DOB) Elevator Violation
- A subsequent test or inspection shows that the prior violati
- Satisfactory annual (LL 10/81) elevator report [Go to Page]
- A 2, 3, or 5 year test/inspection report (ELV-3 form) [Go to Page]
- Proof of a satisfactory inspection or test from a re-inspect
- DOB may review inspection records online.
- Applicant must provide this only if the records are not on f
- Granting a Dismissal of Electrical Violation Based on Satisf [Go to Page]
- Violation to owner – no application on file
- Engage a licensed electrical contractor to file an applicati
- Electrical Permit Application
- Contractors may obtain an Electrical Application at the Elec
- For an inspection (to obtain a Certificate of Electrical Ins
- Violation to owner-defective electrical equipment
- Engage a licensed electrical contractor to repair or replace
- Certification of Electrical Inspection
- Violation to owner – non-electrical work not in compliance (
- Filing of an application by a licensed electrical contractor
- Certificate of Electrical Inspection
- Violation to electrical contractor – filed work not in compl
- Ensure that a licensed electrical contractor obtains a Certi
- Certificate of Electrical Inspection [Go to Page]