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NYC APPN 0105 2005

$63.05

NYC – Administration Policy And Procedure Notice # 1/05

Published By Publication Date Number of Pages
NYC 2005 5
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1 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: [email protected]
Issuance #658
______________________________________________
ADMINISTRATION
POLICY AND PROCEDURE NOTICE 1/05
______________________________________________
TO: Distribution
FROM: Robert LiMandri
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
280 Broadway
4th Floor
2 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
Status
Criteria
Required Documentation
Source
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.
3 Granting a Waiver Based on Building Status. Waivers for Loc
Building Status
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
4 Granting a Waiver based on Device Status. Civil penalties ma
Device Status
Criteria
Required Documentation
Source
Removed Elevator
The penalties were incurred after elevator had been removed
Proof that a permit was issued by DOB for the removal of the
AND:
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
New or Replaced Device
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
Work In Progress
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
Time of Filing
Requested Action
Criteria
Required Documentation
Source
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
AND:
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
AND one of the following to show evidence of timely inspecti
-Inspection invoice
-Receipt of payment
-Executed contract with insurance company or inspector
Applicant must provide documentation.
5 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
Violation
Criteria
Required Documentation
Source
PVT (DOB) Elevator Violation
A subsequent test or inspection shows that the prior violati
Satisfactory annual (LL 10/81) elevator report
OR:
A 2, 3, or 5 year test/inspection report (ELV-3 form)
OR:
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
Violation
Criteria
Required Documentation
Source
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
NYC APPN 0105 2005
$63.05