Subchapter 1: General Provisions
Article 1: General Provisions
§ 27-2001 Short title.
This chapter shall be known and may be cited as the “housing maintenance code.”
§ 27-2002 Legislative declaration.
It is hereby found that the enforcement of minimum standards of health and safety, fire protection, light and ventilation, cleanliness, repair and maintenance, and occupancy in dwellings is necessary to protect the people of the city against the consequences of urban blight. The sound enforcement of minimum housing standards is essential:
§ 27-2003 Applicability.
The provisions of this chapter, except as otherwise provided, apply to all dwellings.
§ 27-2004 Definitions.
1. The term department shall mean the department, bureau, division or other agency charged with the enforcement of this title.
2. Wherever the word or words occupied, is occupied, used, or is used appear, such word or words shall be construed as if followed by the words “or is intended, arranged or designed to be used or occupied”.
3. A dwelling is any building or structure or portion thereof which is occupied in whole or in part as the home, residence or sleeping place of one or more human beings.
4. A family is:
(a) A single person occupying a dwelling unit and maintaining a common household with not more than two boarders, roomers or lodgers; or
(b) Two or more persons related by blood, adoption, legal guardianship, marriage or domestic partnership; occupying a dwelling unit and maintaining a common household with not more than two boarders, roomers or lodgers; or
(c) Not more than three unrelated persons occupying a dwelling unit and maintaining a common household; or
(d) Not more than three unrelated persons occupying a dwelling unit in a congregate housing or shared living arrangement and maintaining a common household; or
(e) Members of a group home; or
(f) Foster children placed in accordance with provisions of the New York state social services law, their foster parents, and other persons related to the foster parents by blood, marriage or domestic partnership; where all residents occupy and maintain a common household with not more than two boarders, roomers or lodgers; or
(g) Up to seven unrelated students enrolled at a single accredited college or university occupying a student apartment, as such term is defined in the New York city building code, and maintaining a common household pursuant to a lease, sublease, or occupancy agreement directly with such college or university, provided that:
(i) The entire structure in which the dwelling unit is located is fully sprinklered in accordance with chapter 9 of the New York city building code; and
(ii) Such occupancy does not exceed the maximums contained in subdivision a of section 27-2075; and
(iii) Prior to commencement of such occupancy, and on an annual basis thereafter such college or university has submitted a fire safety plan containing fire safety and evacuation procedures for such dwelling unit that is acceptable to the fire commissioner and in compliance with any rules promulgated by the fire commissioner; and
(iv) The dwelling unit complies with additional occupancy and construction requirements as may be established by rule by the department of housing preservation and development or its successor.
A common household is deemed to exist if every member of the family has access to all parts of the dwelling unit. Lack of access to all parts of the dwelling unit establishes a rebuttable presumption that no common household exists.
5. “Person,” for the purposes of article four of subchapter three of this chapter, means any adult or child over the age of four years. The term “person” as used in subchapters four and five of this code shall include the owner, mortgagee or vendee in possession, assignee of rents, receiver, executor, trustee, lessee, agent or any other person, firm or corporation directly or indirectly in control of a dwelling or part thereof. Whenever a multiple dwelling shall have been declared a public nuisance to any extent pursuant to section 27-2114 of article one of subchapter five of this chapter and such declaration shall have been filed as therein provided, the term “person” shall be deemed to include, in addition to those mentioned hereinabove, all the officers, directors and persons having an interest in more than ten percent of the issued and outstanding stock of the owner as herein defined, as holder or beneficial owner thereof, if such person be a corporation other than a banking organization as defined in section two of the banking law, a national banking association, a federal savings and loan association, the mortgage facilities corporation, savings banks life insurance fund, the savings banks retirement system, an authorized insurer as defined in section one hundred seven of the insurance law, or a trust company or other corporation organized under the laws of this state all the capital stock of which is owned by at least twenty savings banks or by at least twenty savings and loan associations or a subsidiary corporation all of the capital stock of which is owned by such trust company or other corporation.
6. A private dwelling is any building or structure designed and occupied for residential purposes by not more than two families. Private dwellings shall also be deemed to include a series of one-family or two-family dwelling units each of which faces or is accessible to a legal street or public thoroughfare, if each such dwelling unit is equipped as a separate dwelling unit with all essential services, and if each such unit is arranged so that it may be approved as a legal one-family or two-family dwelling.
7. A multiple dwelling is a dwelling which is either rented, leased, let or hired out, to be occupied, or is occupied, as the residence or home of three or more families living independently of each other. A multiple dwelling shall also include residential quarters for members or personnel of any hospital staff which are not located in any building used primarily for hospital use, but any building which was erected, altered or converted prior to July first, nineteen hundred fifty-five, to be occupied by such members or personnel or is so occupied on such date shall not be subject to the requirements of this code only so long as it continues to be so occupied if there are local laws applicable to such building and such building is in compliance with such local laws. A multiple dwelling does not include (i) a hospital, convent, monastery, asylum or public institution; or (ii) a fireproof building used wholly for commercial purposes except for not more than one janitor’s apartment and not more than one penthouse occupied by not more than two families. For the purposes of this chapter, multiple dwellings are divided into two classes: “class A” and “class B.”
8. (a) A class A multiple dwelling is a multiple dwelling that is occupied for permanent residence purposes. This class shall include tenements, flat houses, maisonette apartments, apartment houses, apartment hotels, bachelor apartments, studio apartments, duplex apartments, kitchenette apartments, garden-type maisonette dwelling projects, and all other multiple dwellings except class B multiple dwellings. A class A multiple dwelling shall only be used for permanent residence purposes. For the purposes of this subparagraph, “permanent residence purposes” shall consist of occupancy of a dwelling unit by the same natural person or family for thirty consecutive days or more, and a natural person or family so occupying a dwelling unit shall be referred to herein as the permanent occupants of such dwelling unit. The following uses of a dwelling unit by the permanent occupants thereof shall not be deemed to be inconsistent with occupancy of such dwelling unit for permanent residence purposes:
(1) (A) occupancy of such dwelling unit for fewer than thirty consecutive days by other natural persons living within the household of the permanent occupant such as house guests or lawful boarders, roomers or lodgers; or
(B) incidental and occasional occupancy of such dwelling unit for fewer than thirty consecutive days by other natural persons when the permanent occupants are temporarily absent for personal reasons such as vacation or medical treatment, provided that there is no monetary compensation paid to the permanent occupants for such occupancy.
(2) In a class A multiple dwelling owned by an accredited not-for-profit college or university or leased by such a college or university under a net lease for a term of forty-nine years or more, the use of designated dwelling units for occupancy for fewer than thirty consecutive days shall not be inconsistent with the occupancy of such multiple dwelling for permanent residence purposes if:
(A) No more than five percent of the dwelling units in such multiple dwelling but not less than one dwelling unit, are designated for such use and the designation of a unit once made may not be changed to another unit;
(B) A list of the designated dwelling units certified by an authorized representative of the college or university is kept on the premises by the owner or net lessee and made available upon request for inspection by the department or the fire department of such city;
(C) Only designated dwelling units on the certified list are used for occupancy for fewer than thirty consecutive days and only by (i) natural persons, other than persons whose only relationship with the college or university is as a student, for whom the college or university has undertaken to provide housing accommodations such as visiting professors and academics, graduate students with research or teaching fellowships, researchers and persons presenting academic papers, interviewing for positions of employment or having other similar business with the college or university, or (ii) natural persons for whom a hospital affiliated with such college or university has undertaken to provide housing accommodations such as patients, patients’ families and/or accompanying escorts, medical professionals and healthcare consultants or persons having other similar business with such hospital. A log shall be maintained on the premises of the names and addresses of such persons and the duration and reason for their stay. Such log shall be accessible upon request for inspection by the department and the fire department of such municipality;
(D) No rent or other payment is collected for such occupancy; and
(E) The fire department of such city shall require the filing of a fire safety plan or other appropriate fire safety procedure.
(b) A garden-type maisonette dwelling project is a series of attached, detached or semi-detached dwelling units which are provided as a group collectively with all essential services such as, but not limited to, water supply and house sewers, and which units are located on a site or plot not less than twenty thousand square feet in area under common ownership and erected under plans filed with the department on or after April eighteenth, nineteen hundred fifty-four, and which units together and in their aggregate are arranged or designed to provide three or more apartments.
9. A class B multiple dwelling is a multiple dwelling which is occupied, as a rule, transiently, as the more or less temporary abode of individuals or families who are lodged with or without meals. This class includes hotels, lodging houses, rooming houses, boarding houses, boarding schools, furnished room houses, lodgings, club houses, and college and school dormitories.
10. A converted dwelling is a dwelling (i) erected before April eighteenth, nineteen hundred twenty-nine, to be occupied by one or two families living independently of each other and subsequently occupied as a multiple dwelling or (ii) a dwelling three stories or less in height erected after April eighteenth, nineteen hundred twenty-nine, to be occupied by one or two families living independently of each other and subsequently occupied by not more than three families in all, with a maximum occupancy of two families on each floor in a two story building and one family on each floor in a three story building. A converted dwelling occupied as a class A multiple dwelling is a class A converted dwelling; every other converted dwelling is a class B converted dwelling.
11. A tenement is any building or structure or any portion thereof, erected before April eighteenth, nineteen hundred twenty-nine, which is occupied, wholly or in part, as the residence of three families or more living independently of each other and doing their cooking upon the premises and includes apartment houses, flat houses and all other houses so erected and occupied, except that a tenement shall not be deemed to include any converted dwelling. An old law tenement is a tenement existing before April twelfth, nineteen hundred one, and recorded as such in the tenement house department before April eighteenth, nineteen hundred twenty-nine, except that it shall not be deemed to include any converted dwelling.
12. A hotel is an inn having thirty or more sleeping rooms.
13. Dwelling unit shall mean any residential accommodation in a multiple dwelling or private dwelling.
14. Apartment shall mean one or more living rooms, arranged to be occupied as a unit separate from all other rooms within a dwelling, with lawful sanitary facilities and a lawful kitchen or kitchenette for the exclusive use of the family residing in such unit.
15. Rooming unit shall mean one or more living rooms arranged to be occupied as a unit separate from all other living rooms, and which does not have both lawful sanitary facilities and lawful cooking facilities for the exclusive use of the family residing in such unit. It may be located either within an apartment or within any class A or class B multiple dwelling. A rooming unit shall not include a living room in a class B hotel or any other dwelling complying with section sixty-seven of the multiple dwelling law and so classified and recorded in the department.
16. Rooming house shall mean a class B converted dwelling with more than half of the rooms in rooming units.
17. Single room occupancy is the occupancy by one or two persons of a single room, or of two or more rooms which are joined together, separated from all other rooms within an apartment in a multiple dwelling, so that the occupant or occupants thereof reside separately and independently of the other occupant or occupants of the same apartment. When a class A multiple dwelling is used wholly or in part for single room occupancy, it remains a class A multiple dwelling.
18. A lodging house is a multiple dwelling, other than a hotel, a rooming house or a furnished room house, in which persons are housed for hire for a single night, or for less than a week at one time, or any part of which is let for any person to sleep in for any term less than a week.
19. Public hall shall mean a hall, corridor or passageway within a building but outside of all apartments and suites of private rooms.
20. Public part of a dwelling includes a public hall and any space used in common by the occupants of two or more apartments or rooms, or by persons who are not tenants, or exclusively for mechanical equipment of such dwelling or for storage purposes.
21. Living room shall mean any room within a dwelling unit except a dining space, kitchenette, bathroom or water closet compartment, foyer or private hall, corridor or passageway.
22. The floor area is the clear area of the floor contained within the partitions or walls enclosing any room, space, foyer, hall or passageway of any dwelling.
23. Dining space shall mean a space with fifty-five square feet or less of floor area, which has such permanent fittings as the department requires, located off a living room, foyer or kitchen. A dining space includes a dining bay, dining recess or dinette.
24. Foyer shall mean a space within a dwelling unit in a multiple dwelling used as an entrance hall from the public hall, which is not a living room when its floor area does not exceed either: (a) ten percent of the total floor area of the dwelling unit; or (b) twenty percent of such floor area, if every living room is at least twenty percent larger than the required minimum room size.
25. Kitchen shall mean a living room used for cooking with eighty square feet or more of floor area.
26. Kitchenette shall mean a space used for cooking with less than eighty square feet of floor area.
27. Dormitory shall mean a space occupied for sleeping purposes by three or more persons who are not members of a family maintaining a common household in:
a. A lodging house, except for an apartment occupied solely by an owner, janitor or superintendent; or
b. A college or school dormitory legally recorded and classified in the department prior to May fifteenth, nineteen hundred fifty-four, or converted to such use prior to April thirtieth, nineteen hundred fifty-six; or
c. A dwelling owned and operated by a religious, charitable or educational organization for the purposes enumerated in section 27-2077 of article four of subchapter three of this chapter; or
d. A dwelling owned, operated or used for the purposes enumerated in section 27-2077 of article four of subchapter three of this chapter.
28. Premises shall mean land and improvements or appurtenances or any part thereof.
29. Structure shall mean a building or construction of any kind.
30. Alteration, as applied to a building or structure, shall mean any change or rearrangement in the structural parts or in the existing facilities of any such building or structure, or any enlargement thereof, whether by extension on any side or by any increase in height, or the moving of such building or structure from one location or position to another.
31. A multiple dwelling is fireproof if the walls and structural members thereof meet the fire-resistive standards set forth in subdivision twenty-five of section four of the multiple dwelling law. Any other multiple dwelling is nonfireproof. A part of a dwelling is fireproof if it meets the standard set forth in the multiple dwelling law for the corresponding part of a fireproof dwelling.
32. Fire-retarded shall mean either covered with metal lath plastered with two or more coats of mortar or otherwise protected against fire in a manner approved by the department with materials of standard fireresistive ratings of at least one hour. Fireproofing shall always be accepted as meeting any requirement for fire-retarding.
33. A rear yard is an open space on the same lot with a dwelling between the extreme rear line of the lot and the extreme rear wall of the dwelling. A side yard is a continuous open space on the same lot with a dwelling between the wall of a dwelling and a line of the lot from the street to a rear yard or rear line of a lot.
34. A court is an open space other than a side or rear yard, on the same lot as a dwelling. A court not extending to the street or rear yard is an inner court. A court extending to the street or rear yard is an outer court.
35. A story is a space between the level of one finished floor and the level of the next higher finished floor, or, if the top story, the space between the level of the highest finished floor and the top of the highest roof beams, or, if the first story, the space between the level of the finished floor and the finished ceiling immediately above. For the purpose of measuring height by stories in multiple dwellings erected after April eighteenth, nineteen hundred twenty-nine, one additional story shall be added for each twelve feet or fraction thereof that the first story exceeds fifteen feet in height, and for each twelve feet or fraction thereof that any story above the first story exceeds twelve feet in height.
36. Except as otherwise provided, the curb level, for the purpose of measuring the height of any portion of a building, is the level of the curb at the center of the front of the building; except that where a building faces on more than one street, the curb level is the average of the levels of the curbs at the center of each front. Where no curb elevation has been established the mean level of the land immediately adjacent to the building prior to any excavation or fill shall be considered the curb level, unless the city engineer shall establish such curb level or its equivalent.
37. A cellar in a dwelling is an enclosed space having more than one-half of its height below the curb level. A cellar shall not be counted as a story.
38. A basement is a story partly below the curb level but having at least one-half of its height above the curb level. A basement shall be counted as a story.
39. A shaft is an enclosed space extending through one or more stories of a building connecting a series of openings therein, or any story or stories and the roof, and includes exterior and interior shafts whether for air, light, elevator, dumbwaiter or any other purpose.
40. A stair is a flight or flights of steps together with any landings and parts of public halls through which it is necessary to pass in going from one level thereof to another.
41. A firestair is a fireproof stair, enclosed in fireproof walls, within the body of the building which it serves, to which access may be had only through self-closing fireproof doors.
42. A firetower is a fireproof stair, enclosed in fireproof walls, without access to the building from which it affords egress other than by a fireproof self-closing door opening on a communicating balcony or other outside platform at each floor level.
43. A fire escape is a combination of outside balconies and stairs providing an unobstructed means of egress from rooms or spaces in a building.
44. Window dimensions shall always be taken between stop beads or, if there are no stop beads, between the sides, head and sill of the sash opening.
45. The term “owner” shall mean and include the owner or owners of the freehold of the premises or lesser estate therein, a mortgagee or vendee in possession, assignee of rents, receiver, executor, trustee, lessee, agent, or any other person, firm or corporation, directly or indirectly in control of a dwelling. Whenever a multiple dwelling shall have been declared a public nuisance to any extent pursuant to section 27-2114 of article one of subchapter five of this chapter and such declaration shall have been filed, as therein provided, and for the purposes of section 27-198 of article nineteen of subchapter one and section 27-2093 of article one of subchapter four of this code, the term “owner” shall be deemed to include, in addition to those mentioned hereinabove, all the officers, directors and persons having an interest in more than ten per cent of the issued and outstanding stock of the owner as herein defined, as holder or beneficial owner thereof, if such owner be a corporation other than a banking organization as defined in section two of the banking law, a national banking association, a federal savings and loan association, the mortgage facilities corporation, savings banks life insurance fund, the savings banks retirement system, an authorized insurer as defined in section one hundred seven of the insurance law, or a trust company or other corporation organized under the laws of this state all the capital stock of which is owned by at least twenty savings banks or by at least twenty savings and loan associations or a subsidiary corporation all of the capital stock of which is owned by such trust company or other corporation.
46. Summer resort dwelling shall mean a dwelling, located in a summer resort community, which is occupied in whole or in part for living purposes only for a seasonal period of the year between June first and September thirtieth, other than by the family of the owner or the family of a caretaker.
47. This code shall mean the housing maintenance code.
48. Except where otherwise provided, the term “harassment” shall mean any act or omission by or on behalf of an owner that (i) causes or is intended to cause any person lawfully entitled to occupancy of a dwelling unit to vacate such dwelling unit or to surrender or waive any rights in relation to such occupancy, and (ii) includes one or more of the following acts or omissions, provided that there shall be a rebuttable presumption that such acts or omissions were intended to cause such person to vacate such dwelling unit or to surrender or waive any rights in relation to such occupancy, except that such presumption shall not apply to such acts or omissions with respect to a private dwelling, as defined in paragraph six of subdivision a of section 27-2004:
a. using force against, or making express or implied threats that force will be used against, any person lawfully entitled to occupancy of such dwelling unit;
a-1. knowingly providing to any person lawfully entitled to occupancy of a dwelling unit false or misleading information relating to the occupancy of such unit;
a-2. making a false statement or misrepresentation as to a material fact regarding the current occupancy or the rent stabilization status of a building or dwelling unit on any application or construction documents for a permit for work which is to be performed in the building containing the dwelling unit of any person lawfully entitled to occupancy of such dwelling unit if such building is governed by the New York city construction codes;
b. repeated interruptions or discontinuances of essential services, or an interruption or discontinuance of an essential service for an extended duration or of such significance as to substantially impair the habitability of such dwelling unit;
b-1. an interruption or discontinuance of an essential service that (i) affects such dwelling unit and (ii) occurs in a building where repeated interruptions or discontinuances of essential services have occurred;
b-2. repeated failures to correct hazardous or immediately hazardous violations of this code or major or immediately hazardous violations of the New York city construction codes, relating to the dwelling unit or the common areas of the building containing such dwelling unit, within the time required for such corrections;
b-3. repeated false certifications that a violation of this code or the New York city construction codes, relating to the building containing such dwelling unit, has been corrected;
b-4. engaging in repeated conduct within the building in violation of section 28-105.1 of the New York city construction codes;
c. failing to comply with the provisions of subdivision c of section 27-2140 of this chapter;
d. commencing repeated baseless or frivolous court proceedings against any person lawfully entitled to occupancy of such dwelling unit;
d-1. commencing a baseless or frivolous court proceeding against a person lawfully entitled to occupancy of such dwelling unit if repeated baseless or frivolous court proceedings have been commenced against other persons lawfully entitled to occupancy in the building containing such dwelling unit;
e. removing the possessions of any person lawfully entitled to occupancy of such dwelling unit;
f. removing the door at the entrance to an occupied dwelling unit; removing, plugging or otherwise rendering the lock on such entrance door inoperable; or changing the lock on such entrance door without supplying a key to the new lock to the persons lawfully entitled to occupancy of such dwelling unit;
f-1. contacting any person lawfully entitled to occupancy of such dwelling unit, or any relative of such person, to offer money or other valuable consideration to induce such person to vacate such dwelling unit or to surrender or waive any rights in relation to such occupancy, for 180 days after the owner has been notified, in writing, that such person does not wish to receive any such offers, except that the owner may contact such person regarding such an offer if given express permission by a court of competent jurisdiction or if notified in writing by such person of an interest in receiving such an offer;
f-2. contacting any person lawfully entitled to occupancy of such dwelling unit to offer money or other valuable consideration to induce such person to vacate such dwelling unit or to surrender or waive any rights in relation to such occupancy, unless such owner discloses to such person in writing (i) at the time of the initial contact, and (ii) in the event that contacts continue more than 180 days after the prior written disclosure, at the time of the first contact occurring more than 180 days after the prior written disclosure:
(1) the purpose of such contact,
(2) that such person may reject any such offer and may continue to occupy such dwelling unit,
(3) that such person may seek the guidance of an attorney regarding any such offer and may, for information on accessing legal services, refer to The ABCs of Housing guide on the department’s website,
(4) that such contact is made by or on behalf of such owner,
(5) that such person may, in writing, refuse any such contact and such refusal would bar such contact for 180 days, except that the owner may contact such person regarding such an offer if given express permission by a court of competent jurisdiction or if notified in writing by such person of an interest in receiving such an offer,
(6) (i) the median asking rent for a dwelling unit in the same community district, provided that the department has reported such data pursuant to section 27-2096.2, within the previous twelve-month period; or
(ii) the median asking rent for a dwelling unit in the same community district with the same number of bedrooms, provided that the department has reported such data, pursuant to section 27-2096.2, within the previous twelve-month period,
(7) that there is no guarantee that such person will be able to rent a dwelling unit in the same community district with the same number of bedrooms as the dwelling unit that such person is currently lawfully entitled to occupancy of, for the same rent such person is paying at the time of such contact, and
(8) that additional factors may impact the ability of such person to rent a dwelling unit, including, but not limited to, the current employment and credit history of such person;
f-3. offering money or other valuable consideration to a person lawfully entitled to occupancy of such dwelling unit to induce such person to vacate such dwelling unit or to surrender or waive any rights in relation to such occupancy while engaging in any of the following types of conduct:
(1) threatening, intimidating or using obscene language;
(2) initiating communication with such frequency, at such unusual hours or in such a manner as can reasonably be expected to abuse or harass such person;
(3) initiating communication at the place of employment of such person without the prior written consent of such person; or
(4) knowingly falsifying or misrepresenting any information provided to such person;
f-4. repeatedly contacting or visiting any person lawfully entitled to occupancy of such unit (i) on Saturdays, Sundays or legal holidays, (ii) at times other than the hours between 9 a.m. and 5 p.m. or (iii) in such a manner as can reasonably be expected to abuse or harass such person, provided that if such person has notified such owner in writing that such person consents to being contacted or visited at specified hours or in a specified manner, such owner may also contact or visit such person during such specified hours and in such specified manner, and provided further that an owner may contact or visit such person for reasons specifically authorized or mandated by law or rule; or
f-5. threatening any person lawfully entitled to occupancy of such dwelling unit based on such person’s actual or perceived age, race, creed, color, national origin, gender, disability, marital status, partnership status, caregiver status, uniformed service, sexual orientation, alienage or citizenship status, status as a victim of domestic violence, status as a victim of sex offenses or stalking, lawful source of income or because children are, may be or would be residing in such dwelling unit, as such terms are defined in sections 8-102 and 8-107.1 of the code;
f-6. requesting identifying documentation for any person lawfully entitled to occupancy of such dwelling unit that would disclose the citizenship status of such person, when such person has provided the owner with a current form of government-issued personal identification, as such term is defined in section 21-908, unless such documentation is otherwise required by law or is requested for a specific and limited purpose not inconsistent with this paragraph.
g. other repeated acts or omissions of such significance as to substantially interfere with or disturb the comfort, repose, peace or quiet of any person lawfully entitled to occupancy of such dwelling unit and that cause or are intended to cause such person to vacate such dwelling unit or to surrender or waive any rights in relation to such occupancy, including improperly requiring such person to seek, receive or refrain from submitting to medical treatment in violation of subdivision b of section 26-1201.
Subchapter 2: Maintenance, Services, and Utilities
Article 1: Obligations of Owner and Tenant: Duty To Repair
§ 27-2005 Duties of owner.
2. Repairs made pursuant to section 27-2125 of this code shall be exempt from the provisions of this subdivision.
§ 27-2006 Duties of tenant.
(1) It is caused by his or her own wilful act or that of a member of his or her family or household, or a guest; or
(2) It is the result of such tenant’s gross negligence, neglect or abuse, or the gross negligence, neglect or abuse of a member of his or her family, or household or a guest.
§ 27-2007 Certain specific duties of tenants and others.
In addition to other duties imposed upon him or her by this code, no tenant, or any other person, shall:
§ 27-2008 Owner’s right of access.
No tenant shall refuse to permit the owner, or his or her agent or employee, to enter such tenant’s dwelling unit or other space under his or her control to make repairs or improvements required by this code or other law or to inspect such apartment or other space to determine compliance with this code or any other provision of law, if the right of entry is exercised at a reasonable time and in a reasonable manner. The department may by regulation restrict the time and manner of such inspections.
§ 27-2009 Tenant violations as grounds for eviction.
Any conviction of a tenant for violation of this code which:
§ 27-2009.1 Rights and responsibilities of owners and tenants in relation to pets.
§ 27-2009.2 Safe construction bill of rights.
Amenity. The term “amenity” means any equipment, feature or space within a multiple dwelling that may be used in common by the building occupants, including, but not limited to, entrances, elevators, stairways, freight elevators, laundry rooms, laundry equipment, exercise rooms, community rooms, outdoor areas, parking spaces, storage units, or wireless internet.
Essential service. The term “essential service” means heat, hot water, cold water, electricity, gas, maintenance and janitorial services, and elevator service and any other services that the commissioner determines by rule to be essential.
1. Contemporaneously with an application for a permit for work not constituting minor alterations or ordinary repairs, contemporaneously with the owner’s notification of the department that an emergency work permit is being sought, or, for new buildings, immediately upon application for a temporary certificate of occupancy, the owner of a multiple dwelling shall (i) distribute a notice, titled the “Safe Construction Bill of Rights,” to each occupied dwelling unit or (ii) post such notice, in a conspicuous manner in the building lobby, adjacent to the posted notice required pursuant to chapter 11 of title 26 of the code, and on every floor within 10 feet of every elevator bank, or, in a building with no elevator, within 10 feet of or inside every main stairwell.
2. Such notice shall remain posted until the completion of the described permitted work.
1. A description of the type of work being conducted and the locations in the multiple dwelling where the work will take place;
2. The hours of construction;
3. The projected timeline for the completion of the work;
4. A description of the amenities or essential services anticipated to be unavailable or interrupted during the work and how the owner will minimize such unavailability or interruption;
5. The contact information, including a telephone number, for an agent or employee of the owner who can be reached for non-emergency matters pertaining to the work being performed;
6. The contact information, including a telephone number, for an agent or employee of the owner who can be reached for emergency matters pertaining to the work being performed 24 hours a day, 7 days a week during the period of construction; and
7. The contact information for the relevant city and state agencies where occupants may submit complaints or ask questions about the work being performed.
Article 2: Cleaning
§ 27-2010 Cleaning of roofs, yards, courts and other open spaces.
The owner of a dwelling containing two or more dwelling units, and the occupant of a single family dwelling shall keep the roof, yard, courts and other open spaces clean and free from dirt, filth, garbage or other offensive material.
§ 27-2011 Cleaning of interior shared space.
The owner of a dwelling shall maintain the public parts in a clean and sanitary condition.
§ 27-2012 Cleaning of interior of dwelling units.
Article 3: Painting
§ 27-2013 Painting of public parts and within dwellings.
(1) Paint or cover the walls and ceilings with wallpaper or other acceptable wall covering; and
(2) Repaint or re-cover the walls and ceilings with wallpaper or other acceptable wall covering whenever necessary in the judgement of the department to keep such surfaces sanitary.
(1) Paint or cover the walls and ceilings with wallpaper or other acceptable wall covering; and
(2) Repaint or re-cover the walls and ceilings with wallpaper or other acceptable wall covering every three years, and more often when required by contract or other provisions of law.
§ 27-2014 Window frames and fire escapes.
§ 27-2015 Courts and shafts.
(1) To rewhitewash or repaint the walls enclosing courts and shafts not made of a light-colored brick or stone; and
(2) To clean the walls enclosing courts and shafts made of a light-colored brick or stone.
(1) Outer courts which open on a street; or
(2) Courts which exceed the minimum dimensions set forth in section twenty-six of the multiple dwelling law by at least fifty percent.
§ 27-2016 Departmental regulations concerning paint and wall covering and quality and frequency of repainting or re-covering.
Article 4: Control of Pests and Other Asthma Allergen Triggers
§ 27-2017 Definitions.
When used in this article:
Common area. The term “common area” means a portion of a multiple dwelling that is not within a dwelling unit and that is regularly used by occupants for access to and egress from any dwelling unit within such multiple dwelling, as well as commonly used areas such as a laundry room.
Harborage. The term “harborage” means any condition which provides shelter or protection for pests.
Indoor allergen hazard. The term “indoor allergen hazard” means any indoor infestation of cockroaches, mice, or rats or conditions conducive to such infestation, or an indoor mold hazard.
Indoor mold hazard. The term “indoor mold hazard” means any condition of mold growth on an indoor surface, building structure or ventilation system, including mold that is within wall cavities, that is likely to cause harm to a person or that has been cited as a violation by the department.
Integrated pest management. The term “integrated pest management” means ongoing prevention, monitoring and pest control activities to eliminate pests from any building, lot, or dwelling. This includes, but is not limited to, the elimination of harborages and conditions conducive to pests, the use of traps, and, when necessary, the use of pesticides.
Pest. The term “pest” means any unwanted member of the Class Insecta, including, but not limited to houseflies, lice, bees, cockroaches, moths, silverfish, beetles, bedbugs, ants, termites, hornets, mosquitoes and wasps, and such members of the Phylum Arthropoda as spiders, mites, ticks, centipedes and wood lice, or of the Order Rodentia, including but not limited to mice, Norway rats, and any other unwanted plant, animal or fungal life that is a pest because it is destructive, annoying or a nuisance.
Remediation or remediate. The term “remediation” or “remediate” means measures to eradicate pests in accordance with section 27-2017.8 and measures to eradicate indoor mold hazards in accordance with rules promulgated pursuant to section 27-2017.9.
Underlying defect. The term “underlying defect” means a condition that causes an indoor mold hazard, such as a water leak or water infiltration from plumbing or defective masonry pointing or other moisture condition, or causes an infestation of pests, including holes or entryway paths for pests.
Visible mold. The term “visible mold” means mold that is readily identifiable by visual inspection, including mold that is behind furniture or other interior obstructions.
§ 27-2017.1 Owners’ responsibility to remediate.
The existence of an indoor allergen hazard in any dwelling unit in a multiple dwelling is hereby declared to constitute a condition dangerous to health. An owner of a dwelling shall keep the premises free from pests and other indoor allergen hazards and from any condition conducive to indoor allergen hazards, and shall prevent the reasonably foreseeable occurrence of such a conditions and shall expeditiously remediate such conditions and any underlying defect, when such underlying defect exists, consistent with section 27-2017.8 and the rules promulgated pursuant to section 27-2017.9.
§ 27-2017.2 Owners’ responsibility to notify occupants and to investigate.
§ 27-2017.3. Violation for visible mold.
1. The presence of visible mold in an amount measuring in total less than ten square feet in a room within a dwelling unit shall constitute a non-hazardous violation.
2. The presence of visible mold in an amount measuring in total between ten square feet and thirty square feet in a room within a dwelling unit shall constitute a hazardous violation.
3. In addition, the presence of visible mold as provided in subparagraphs (a) or (b) of this paragraph shall constitute a hazardous violation if:
(a) there is an existing non-hazardous violation of paragraph one of this subdivision for which the certification period has expired and the non-hazardous violation has not been certified as corrected within the certification time period, and the mold condition that was the cause of the non-hazardous violation continues to be present in the same room in the dwelling unit; or
(b) The owner has submitted a false certification of correction of a non-hazardous violation issued pursuant to paragraph one of this subdivision and the mold condition that was the cause of such non-hazardous violation continues to be present in the same room in the dwelling unit.
4. The presence of visible mold in an amount measuring in total greater than or equal to thirty square feet in a room within a dwelling unit, shall constitute an immediately hazardous violation.
5. In addition, the presence of visible mold as provided in subparagraphs (a) or (b) of this paragraph shall constitute an immediately hazardous violation if:
(a) There is an existing hazardous violation pursuant to paragraph two of this subdivision for which the certification period has expired and such hazardous violation has not been certified as corrected within the certification time period, and the department has reinspected the unit within seventy days of the certification date of such hazardous violation and has found that the mold condition that was the cause of such hazardous violation continues to be present in the same room in the dwelling unit; or
(b) The owner has submitted a false certification of correction of a hazardous violation issued pursuant to paragraph two of this subdivision and the mold condition that was the cause of such hazardous violation continues to be present in the same room in the dwelling unit.
2. The date for correction of an immediately hazardous violation pursuant to subdivision a of this section shall be twenty-one days after service of the notice of violation as provided on such notice.
3. The department may postpone the date by which an immediately hazardous violation issued pursuant to subdivision a of this section shall be corrected upon a showing, made within the time set for correction in the notice, that prompt action to correct the violation has been taken but that full correction cannot be completed within the time provided because of serious technical difficulties, inability to obtain necessary materials, funds or labor, inability to gain access to the dwelling unit wherein the violation exists, or such other portion of the building as may be necessary to make the required repair, provided, however, that where such immediately hazardous violation has been issued as a result of a reinspection of a hazardous violation that remained uncorrected, no postponement shall be granted. Such postponement shall not exceed fourteen days from the date of correction set forth in the notice of violation. The department may require such other conditions as are deemed necessary to correct the violation within the time set for the postponement.
§ 27- 2017.4. Violation for pests
§ 27-2017.5 Removal of asthma triggers in a dwelling unit upon turnover.
§ 27-2017.6 Department inspections.
§ 27-2017.7 Department implementation and enforcement.
1. Procedures by which an owner may apply to the department to postpone the date by which a violation shall be corrected pursuant to section 27-2017.3 or 27-2017.4; and
2. Procedures to implement and to enforce compliance with paragraph 2 of subdivision o of section 27-2115, which shall include, but not be limited to, the requirement that an owner certify to:
(a) the correction of a violation of this article,
(b) compliance with section 27-2017.8; and
(c) compliance with the rules promulgated by the department pursuant to section 27-2017.9.
§ 27- 2017.8 Integrated pest management practices.
1. inspect for, and physically remove pest nests, waste, and other debris by High-Efficiency Particulate Air (HEPA) vacuuming, washing surfaces, or otherwise collecting and discarding such debris;
2. eliminate points of entry and passage for pests by repairing and sealing any holes, gaps or cracks in walls, ceilings, floors, molding, base boards, around pipes and conduits, or around and within cabinets by using sealants, plaster, cement, wood, escutcheon plates, or other durable material. Attach door sweeps to any door leading to a hallway, basement, or outside the building to reduce gaps to no more than one-quarter inch; and
3. eliminate sources of water for pests by repairing drains, faucets, and other plumbing materials that accumulate water or leak. Remove and replace saturated materials in interior walls.
4. The use of pesticides shall not substitute for pest management measures described in this section. Any pesticide applied shall be applied by a pest professional licensed by New York state department of environmental conservation (DEC).
§ 27-2017.9. Work practices.
1. investigate and correct any underlying defect, including moisture or leak conditions, that are causing or may cause mold violations;
2. remove or securely cover with plastic sheeting any furniture or other items in the work area that cannot be removed;
3. minimize the dispersion of dust and debris from the work area to other parts of the dwelling unit through methods such as: sealing ventilation ducts/grills and other openings in the work area with plastic sheeting; isolating the work area with plastic sheeting and covering egress pathways; cleaning or gently misting surfaces with a dilute soap or detergent solution prior to removal; the use of HEPA vacuum-shrouded tools or a vacuum equipped with a HEPA filter at the point of dust generation;
4. clean mold with soap or detergent and water;
5. remove and discard materials that cannot be cleaned properly;
6. properly remove and discard plastic sheeting, cleaning implements, and contaminated materials in sealed, heavy weight plastic bags;
7. clean any remaining visible dust from the work area using wet cleaning methods or HEPA vacuuming; and
8. leave the work area dry and visibly free from mold, dust, and debris.
The work practices shall also include a requirement that when correcting an indoor mold hazard violation issued pursuant to this article, or when assessing or correcting an indoor mold hazard identified as a result of an inspection by an owner, such assessments or work shall be performed in compliance with article 32 of New York state labor law and any rules promulgated thereunder, where applicable.
§ 27-2017.10 Violations placed by the department of health and mental hygiene.
Where the owner of the dwelling or relevant dwelling unit within such dwelling fails to comply with an order of the department of health and mental hygiene to correct a violation placed by the department of health and mental hygiene pursuant to section 17-199.6, the department of health and mental hygiene shall certify such conditions to the department of housing preservation and development within ten days after the date set for correction in said order. The department of housing preservation and development may take such enforcement action as it deems necessary, including performing or arranging for the performance of work to correct the certified condition.
§ 27-2017.11 Reporting.
1. The number of complaints for visible mold, indoor mold hazards, and pests in dwelling units, disaggregated by city or non-city ownership of the building which is the subject of the complaint;
2. The number of inspections by the department pursuant to this article, disaggregated by the city or non-city ownership of the building where the inspection occurred;
3. The number of violations issued by the department pursuant to this article;
4. The number of violations issued pursuant to this article that were certified as corrected by the owner, the number of such certifications that did not result in the removal of such violations, and the number of civil actions brought by the department against such owners;
5. The number of jobs performed in which violations issued pursuant to this article were corrected by the department, the total amount spent by the department to correct the conditions that resulted in the violations, and the average amount spent per dwelling unit to correct such conditions;
6. A statistical profile with geographic indexing, such as by community district, council district, and/or zip code, of multiple dwellings in which violations are placed, indicating the ages and general condition of the multiple dwellings and other factors relevant to the prevalence of indoor mold hazards and pests, which may include asthma rates in the relevant community, outstanding violations, and emergency repair charges; and.
7. The number of trainings conducted for owners and building maintenance personnel on the appropriate work methods for controlling and removing indoor allergen hazards in rental housing.
§ 27-2017.12 Waiver of benefit void.
§ 27-2018 Rodent and insect eradication; mandatory extermination. [Repealed]
*§ 27-2018.1 Notice of bedbug infestation history.* ::
1. a copy of the most recent electronic form submitted pursuant to subdivision a of section 27-2018.2; and
2. a notice, in a form promulgated or approved by the department of health and mental hygiene, that provides information about the prevention, detection and removal of bedbug infestations.
§ 27-2018.2 Reporting bedbug infestations.
1. The street address;
2. The number of dwelling units;
3. The number of dwelling units, as reported or otherwise known to the owner, that had a bedbug infestation during the previous year;
4. The number of dwelling units, as reported or otherwise known to the owner, in which eradication measures were employed during the previous year for a bedbug infestation;
5. The number of dwelling units reported in paragraph 4 that had a bedbug infestation after such eradication measures were employed in such units; and
6. If such form is given to each tenant within such multiple dwelling, a certification that a copy of such form was distributed to each tenant of such building upon each lease renewal or the commencement of a new lease issued since the previous filing with the department of such form.
§ 27-2019 Elimination of harborages.
All building material, lumber, boxes, cartons, barrels, containers, machinery, raw material, fabricated goods, junk, food, animal feed and any other substance which may afford harborage or provide food for such rodents or insects and other pests shall be kept stored or handled by the owner and tenants of every dwelling in such manner as the department may require. The department may make orders to eliminate rat harborages to the person who is responsible for the conditions. The department shall uncover and inspect periodically all structural harborages which cannot be eliminated from dwellings.
Article 5: Collection of Wastes
§ 27-2020 Definitions.
When used in this article:
§ 27-2021 Receptacles for waste matter.
§ 27-2022 Frequency of collection of waste matter from dwelling units in multiple dwellings.
(1) a sufficient number of receptacles but in no event less than two within the dwelling or other area approved by the department which are accessible to the tenants. Such receptacles shall be removed promptly upon the expiration of the selected time period and taken to their place of storage; or
(2) a pick-up service at each dwelling unit to collect ashes and wastes for deposit in the receptacles referred to in section 27-2021 of this article. The owner shall post and maintain a notice in a conspicuous place in the dwelling informing the tenants of the hour and method of collection. A new notice shall be posted and maintained within forty-eight hours preceding any change in such hour or method.
§ 27-2023 Collection of waste matter from dwelling units in one and two-family dwellings.
The owner and occupants of a one or two-family dwelling shall provide for the regular collection of waste matter from dwelling units and its deposit in the receptacles required by section 27-2021 of this article, and shall not permit ashes or any type of waste matter to accumulate in any part of the premises so as to create a condition which is unsanitary or a fire hazard in the judgment of the department.
Article 6: Water Supply
§ 27-2024 Water supply to buildings.
The owner of a dwelling shall provide and maintain a supply of pure and wholesome water sufficient in quantity and at sufficient pressure to keep all plumbing fixtures adequately supplied for their sanitary maintenance. Where water mains are available in the street, every dwelling shall be supplied with water from such mains. The owner shall keep the water supply free from connection to any unsafe water supply or from cross-connections to any drainage system.
§ 27-2025 Water supply to individual units and fixtures.
The owner of a dwelling shall provide proper appliances for the use of every dwelling unit to receive and distribute an adequate supply of water during all hours.
Article 7: Sewers and Drainage
§ 27-2026 Maintenance of sewer connections and plumbing fixtures.
The owner of a dwelling shall properly maintain and keep in good repair the plumbing and drainage system, including water closets, toilets, sinks and other fixtures.
§ 27-2027 Drainage of roofs and court yards.
Article 8: Heat and Hot Water
§ 27-2028 Central heat or electric or gas heating system; when required.
Except as otherwise provided in this article, every multiple dwelling and every tenant-occupied one or two-family dwelling shall be provided with heat from a central heating system constructed in accordance with the provisions of the building code and the regulations of the department. A system of gas or electric heating provided for each dwelling unit may, if approved by the department, be utilized in lieu of a central heating system if:
§ 27-2029 Minimum temperature to be maintained.
(1) between the hours of six a.m. and ten p.m., a temperature of at least sixty-eight degrees Fahrenheit whenever the outside temperature falls below fifty-five degrees; and
(2) between the hours of ten p.m. and six a.m., a temperature of at least sixty-two degrees Fahrenheit.
§ 27-2030 Self-inspection of central heating plants. [Repealed]
Except as otherwise provided in this article, every bath, shower, washbasin and sink in any dwelling unit in a multiple dwelling or tenant-occupied one-family or two-family dwelling shall be supplied at all times between the hours of six a.m. and midnight with hot water at a constant minimum temperature of one hundred twenty degrees Fahrenheit from a central source of supply constructed in accordance with the provisions of the building code and the regulations of the department, provided however that baths and showers equipped with balanced-pressure mixing valves, thermostatic mixing valves or combination pressure balancing/thermostatic valves may produce a discharge temperature less than one hundred twenty degrees Fahrenheit but in no event less than one hundred ten degrees Fahrenheit. Gas or electric water heaters may, if approved by the department, be utilized in lieu of a central source of supply of hot water if such heaters:
§ 27-2032 Gas-fueled or electric heaters.
§ 27-2033 Access to boiler room.
§ 27-2033.1 Heat inspections and installation of internet capable temperature reporting devices.
Heat season. The term “heat season” means the period from October 1 through May 31.
Internet capable temperature reporting device. The term “internet capable temperature reporting device” means a device that is capable of measuring the indoor air temperature not less than once per hour and recording such temperature, along with the date and time of such reading, for a period of time not less than the immediately preceding 90 days. Such device must be capable of making such information available through an ordinary internet connection or through other means when no such connection is present. Such information must be accessible to property owners and any tenant of the unit in which such device is placed.
2. Annually, for the duration of heat season, the department shall conduct inspections of each class A multiple dwelling selected pursuant to this subdivision at least once every two weeks, without receipt of complaints, for compliance with the requirements of this section, section 27-2028 and subdivision a of section 27-2029, consistent with applicable law and in accordance with rules of the department. If the department has not issued one or more notices of violation of paragraph three of this subdivision, section 27-2028 or subdivision a of section 27-2029 to a class A multiple dwelling selected pursuant to paragraph one by January 31 of such inspection period, the department may discontinue such inspections in such class A multiple dwelling.
3. For a period of no more than four years, beginning on the date a class A multiple dwelling was last selected pursuant to this subdivision, the owner of each such class A multiple dwelling shall:
(a) Notify all tenants, at a time and manner described in rules promulgated by the department, regarding the requirements of this section, including installation of such devices, instructions on how to access the information collected by such devices, and the tenant’s right of refusal;
(b) Provide and install one internet capable temperature reporting device in one living room of each dwelling unit in such class A multiple dwelling by October 1 of the year in which such class A multiple dwelling was selected pursuant to this subdivision;
(c) Replace any such device that was stolen, removed, found missing or rendered inoperable during a prior occupancy of the dwelling unit and was not replaced prior to the commencement of the current occupancy of such dwelling unit;
(d) Replace such device within 30 days after the receipt of written notice provided by the tenant of the dwelling unit where such device is located that such device has become inoperable due to a defect in the manufacture or installation of such device and through no fault of the tenant;
(e) Maintain such records as the commissioner shall prescribe by rule relating to the installation and maintenance of such internet capable temperature reporting devices and collection of heat data from such devices, and make such records available to the commissioner upon request, consistent with applicable law and in accordance with rules of the department;
(f) Maintain a record of reasonable efforts, in accordance with procedures prescribed by rule of the department, to gain access to a tenant’s dwelling unit to install an internet capable temperature reporting device where the owner has been unable to gain such access and such tenant has not refused the installation of such device pursuant to paragraph six; and
(g) Maintain a written record of the number of each dwelling unit for which the tenant has refused installation of an internet capable temperature reporting device pursuant to paragraph six for not less than one year after such owner is no longer subject to the provisions of this section.
4. The tenant of each dwelling unit in a class A multiple dwelling in which an internet capable temperature reporting device has been provided and installed by the owner pursuant to this section shall:
(a) Keep and maintain such device in good repair; and
(b) Replace any such device that is stolen, removed, found missing or rendered inoperable during such tenant’s occupancy of such dwelling unit, except that the owner may make such replacement and charge such tenant a maximum of $50 for the cost of each such replacement.
5. The owner may not charge the tenant of a dwelling unit for the acquisition or installation of an internet capable temperature reporting device, nor for the replacement of such device where the replacement is due to wear or malfunction or pursuant to subparagraph (c) or subparagraph (d) of paragraph three of this subdivision, except as provided in subparagraph (b) of paragraph four of this subdivision.
6. A tenant of a dwelling unit in a class A multiple dwelling selected pursuant to this subdivision shall have the option to refuse an internet capable temperature reporting device installed in such tenant’s dwelling unit. The owner of such class A multiple dwelling shall receive from the tenant written confirmation of the tenant’s decision to opt out of such installation.
7. An owner of a class A multiple dwelling who is required to install an internet capable temperature reporting device pursuant to this section may apply to the department for discharge from such obligation in less than four years if the department did not issue any violation of this section, section 27-2028, or subdivision a of section 27-2029 during the immediately preceding heat season, or if such owner has demonstrated to the satisfaction of the department that such owner has taken permanent action to address the provision of heat for the next heat season. The department may establish a discharge process by rule.
1. Information about the implementation of the requirements of this section;
2. A list of the class A multiple dwellings selected in the most recent selection cycle pursuant to subdivision b;
3. The number of heat complaints from each of the two immediately preceding heat seasons associated with each class A multiple dwelling on such list;
4. The number of violations of sections 27-2028 and 27-2029 issued in each of the two immediately preceding heat seasons to each class A multiple dwelling on such list;
5. Where such information is available to the department, whether the owner of a class A multiple dwelling on such list corrected the condition that resulted in any violation of sections 27-2028 and 27-2029;
6. An evaluation of information that was collected from internet capable temperature reporting devices installed pursuant to this section;
7. The number of complaints received and violations issued during the period of time that the internet capable temperature reporting device was installed pursuant to this section;
8. For the report due August 1, 2021, the report shall include the information required by paragraphs two and seven, provided that information required by paragraphs one, three, four, five and six shall be included to the extent available to the department; and
9. For the report due August 1, 2023, a recommendation based on the information required by paragraph six as to whether the requirements of this section should remain in effect.
Article 9: Gas Appliances
§ 27-2034 Space and water heaters.
§ 27-2035 Gas-fired refrigerators.
(1) Which utilizes a water-cooled gas-fired refrigerator unit; or
(2) Which is not equipped with a flue and flue components wholly composed of a non-metallic material or of molybdenum stainless steel or aluminum; or
(3) Which is not equipped with a fixed mounted dust incinerating type of gas burner, gas pressure regulator, gas supply filter, and thermostat; or
(4) Which does not have a properly operating automatic regulating or safety device of a type installed or specified by the manufacturer, or which has a clogged flue, or an improperly operating burner, or which gives off excessive heat or odors or discharges carbon monoxide or is otherwise defective.
§ 27-2036 Self-inspection of gas appliances.
The owner shall cause an inspection to be made by a licensed plumber, utility company, or other qualified gas service person of each gas-fueled space heater and, in an old law tenement or in any rooming unit, of each gas appliance, at least once a year. The findings on inspection shall be recorded on forms approved by the department and shall be kept on file by the owner for a period of one year. Such inspection reports shall be submitted to the department upon request but shall not be subject to inspection by others or to subpoena, or used in or as the basis of prosecution for the existence of a defect on the date of inspection.
Article 10: Artificial Lighting
§ 27-2037 Duty to provide electric lighting equipment in all dwellings.
The owner shall equip every dwelling for lighting by electricity. Such owner shall provide and maintain light fixtures to provide lighting for all public parts in a dwelling, including the means of egress, for every room, water closet compartment and bathroom in every dwelling unit, and for every water closet without the dwelling unit. In addition to required light fixtures, the owner shall install and maintain such receptacle outlets as may be required by the electrical code. Except as otherwise provided in this code or in the electrical code, the owner may substitute an additional receptacle outlet for a required light fixture in living rooms other than kitchens.
§ 27-2038 Electric lighting fixtures required in certain public parts of dwellings.
1. the switch controllers are equipped for fail-safe operation ensuring that if the sensor or control fails, the lighting levels will be at the levels required by subdivision a of this section;
2. for occupant sensors, the illumination times are set for a maximum thirty minute duration; and
3. for occupant sensors, the sensor is activated by any occupant movement in the area served by the lighting fixtures.
§ 27-2039 Lighting to be provided at night; owner’s responsibility. [Repealed]
Article 11: Protective Devices and Fire Protection
§ 27-2041 Peepholes.
In every dwelling the owner shall provide and maintain a peephole in the entrance door of each dwelling unit. Such peephole shall be located, as prescribed by the department, in such a place that the person in each dwelling unit may view from the inside any person immediately outside the entrance door. However, such peephole need not be installed in any tenant-occupied one- or two-family home where it is possible to see from the inside any person immediately outside the entrance door. This section shall not apply to hotels, apartment hotels, college or school dormitories, or owner-occupied dwelling units in one- and two-family homes.
§ 27-2041.1 Self-closing doors.
§ 27-2042 Mirrors in elevators.
The owner of a multiple dwelling in which there are one or more self-service elevators shall affix and maintain in each such elevator a mirror which enables persons to view its interior before entering the same. The mirror shall meet such requirements as the department shall by regulation prescribe.
§ 27-2043 Locks in dwelling unit doors.
§ 27-2043.1 Window guards.
§ 27-2044 Fire protection in certain old law tenements.
(1) Every door opening into any entrance hall or stair, or into any public hall connected therewith, shall be self-closing; every glazed opening or glazed panel in such a door shall be glazed with wire glass, and every transom opening upon any public hall shall be glazed with wire glass firmly secured in a closed position; and
(2) Every interior sash, or opening other than a door, in the walls or partitions of any such hall, and every window in any such hall not opening to the outer air, shall be removed and the openings closed up and fire-retarded; and
(3) The ceiling of the cellar, or if there is no cellar, of the basement or other lowest story, shall be fire-retarded unless such ceiling already has been plastered or covered in a manner satisfactory to the department with plasterboard or gypsumboard at least one-half inch in thickness.
(1) On all stories above the third story, every apartment door opening into any stair or into any public hall connected therewith, unless such stair or public hall is protected by an approved sprinkler system shall have a fire resistance rating of at least one hour. Existing door frames in good condition may be retained. All such doors shall comply with this requirement, not later than November second, nineteen hundred seventy-three.
(2) For all stories below the fourth story, any application for an alteration permit for alterations to be made in an apartment below the fourth story shall include the provision that every door of such apartment opening into any entrance hall, stair or into any public hall connected therewith, unless such entrance hall, stair or public hall is protected by an approved sprinkler system, shall have a fire resistance rating of at least one hour. Existing door frames in good condition may be retained.
(3) Where apartment doors having a fire resistance rating of at least one hour are required, every transom opening upon any entrance hall, stair or public hall connected therewith shall be sealed and fireretarded. All other transoms opening upon any entrance hall, stair or public hall connected therewith shall be glazed with wire glass and permanently sealed in a closed position.
(4) All doors opening into any entrance hall, stair or into any public hall connected therewith shall be self-closing; every glazed opening or glazed panel in such a door shall be glazed with wire glass.
§ 27-2045 Duties of owner and occupant with respect to installation and maintenance of smoke detecting devices, carbon monoxide detecting devices and natural gas detecting devices.
Class A multiple dwelling. The term “class A multiple dwelling” means a class A multiple dwelling as defined in paragraph 8 of subdivision a of section 27-2004, except that such term shall include garden-type maisonette dwellings constructed before April 18, 1954.
Garden-type maisonette dwelling. The term “garden-type maisonette dwelling” means a dwelling project consisting of a series of dwelling units that, together and in their aggregate, are arranged or designed to provide three or more apartments; are provided as a group collectively with all essential services such as, but not limited to, house sewers and heat; and are operated as a unit under single ownership, notwithstanding that certificates of occupancy were issued for portions thereof as private dwellings, as such term is defined in paragraph 6 of subdivision a of section 27-2004.
Private dwelling. The term “private dwelling” means a dwelling unit in a one-family or two-family home that is occupied by a person or persons other than the owner of such unit or the owner’s family.
1. (a) Provide and install one or more approved and operational smoke detecting devices in each dwelling unit in accordance with section 907.2 of the New York city building code or sections 27-978, 27-979, 27-980 and 27-981 of the 1968 building code, as applicable, or, in the alternative for class B multiple dwellings, provide and install a line-operated zoned smoke detecting system with central annunciation and central office tie-in for all public corridors and public spaces, pursuant to rules promulgated by the commissioner of buildings, except that this paragraph shall not apply to private dwellings;
(b) Provide and install one or more approved and operational carbon monoxide detecting devices in each dwelling unit in accordance with section 908.7 of the New York city building code or sections 27-981.1, 27-981.2 and 27-981.3 of the 1968 building code, as applicable, or, in the alternative for class B multiple dwellings, provide and install a line-operated zoned carbon monoxide detecting system with central annunciation and central office tie-in for all public corridors and public spaces, pursuant to rules promulgated by the commissioner of buildings or by the commissioner in consultation with the department of buildings and the fire department;
(c) Provide and install one or more approved and operational natural gas detecting devices in accordance with section 908.10 of the New York city building code or section 28-315.2.3 of the code, as applicable, or, in the alternative for class B multiple dwellings, provide and install a line-operated zoned natural gas detecting system with central annunciation and central office tie-in for all public corridors and public spaces, pursuant to rules promulgated by the commissioner of buildings or by the commissioner in consultation with the department of buildings and the fire department;
2. Periodically replace any device required under paragraph 1 of this subdivision upon expiration of its useful life in accordance with article 312 of title 28 of the code;
3. (a) For a class A multiple dwelling or private dwelling, replace any such device that has been stolen, removed, found missing or rendered inoperable during a prior occupancy of the dwelling unit and that has not been replaced by the prior occupant before commencement of a new occupancy of such dwelling unit, except that this paragraph shall not apply to smoke detecting devices in private dwellings;
(b) For a class B multiple dwelling, replace any such device that has been stolen, removed, found missing or rendered inoperable before commencement of a new occupancy of such dwelling unit;
4. Where any such device becomes inoperable within one year after installation due to a defect in the manufacture of such device and through no fault of the occupant of such dwelling unit, replace such device within 30 calendar days after receiving written notice that such device is inoperable, except that this paragraph shall not apply to class B multiple dwellings or smoke detecting devices in private dwellings;
5. Post a notice in a form approved by the commissioner in a common area of the building or, for private dwellings, provide to the occupants thereof a notice, indicating that (i) the owner is required by law to install such devices and to periodically replace such devices upon the expiration of their useful life, and (ii) each occupant is responsible for the maintenance and repair of such devices that are battery-operated and within such occupant’s dwelling unit and for replacing, in accordance with article 312 of title 28 of the code, any or all such devices which are stolen, removed, found missing or rendered inoperable during such occupant’s occupancy of such dwelling unit, except that this paragraph shall not apply to class B multiple dwellings or smoke detecting devices in private dwellings;
6. Provide to at least one adult occupant of such dwelling unit information relating to (i) the risks posed by carbon monoxide poisoning and, if natural gas detecting devices are required to be installed in such dwelling unit by rules promulgated by the commissioner of buildings, the risks posed by natural gas leaks, (ii) the testing and maintenance of smoke detecting devices, carbon monoxide detecting devices and, if natural gas detecting devices are required to be installed in such dwelling unit by rules promulgated by the commissioner of buildings, natural gas detecting devices, (iii) what to do if such devices alert, (iv) the useful life of such devices, (v) the owner’s duty to replace such devices pursuant to article 312 of title 28 and (vi) the occupant’s duty to maintain and repair such devices that are battery-operated and within such occupant’s dwelling unit and replace any or all such devices within such dwelling unit that are stolen, removed, found missing or rendered inoperable during such occupant’s occupancy of such dwelling unit; provided that the information provided in accordance with this paragraph may include material that is distributed by the manufacturer or material prepared or approved by the department of buildings; except that this paragraph shall not apply to class B multiple dwellings or smoke detecting devices in private dwellings; and
7. Keep such records as the commissioner shall prescribe relating to the installation and maintenance of smoke detecting devices, carbon monoxide detecting devices and natural gas detecting devices in the dwelling, including the manufacturer’s suggested useful life of such devices and records showing that such devices meet the requirements of all applicable laws and rules, and make such records available to the commissioner upon request.
1. Keep and maintain such device in good repair; and
2. Replace such device if it is stolen, removed, found missing or rendered inoperable during the occupant’s occupancy of such dwelling unit.
§ 27-2046 Duties of owner with respect to installation and maintenance of smoke detecting devices in class B multiple dwellings. [Repealed]
*§ 27-2046.1 Duties of owner and occupant with respect to installation and maintenance of carbon monoxide detecting devices in class A multiple dwellings and private dwellings. [Repealed]* ::
§ 27-2046.2 Duties of owner and occupant with respect to installation and maintenance of carbon monoxide detecting devices in class B multiple dwellings. [Repealed]
*§ 27-2046.3 Safety devices for certain electrical outlets required.* ::
§ 27-2046.4 Stovetop protection.
2. Upon being provided with such notice, a tenant may notify such owner, in writing, that such tenant refuses stove knob covers. If the tenant does not notify the owner, in writing, that the tenant refuses stove knob covers, the owner will make the stove knob covers available to the tenant pursuant to subdivision a of this section.
3. An owner will keep a record of: (i) written notifications of refusal of stove knob covers received from a tenant of a dwelling unit, (ii) the owner’s attempts to provide stove knob covers to tenants pursuant to subdivision a of this section, (iii) units for which stove knob covers were made available, and (iv) tenants who have requested stove knob covers.
Article 12: Miscellaneous Services and Facilities
§ 27-2047 Mail service.
The owner of a multiple dwelling shall either:
§ 27-2048 Floor signs.
The owner of a multiple dwelling more than two stories in height shall post and maintain a sign, of sufficient size to be readily seen, which states the number of the floor. Such signs shall be located in the public hall near the stairs and elevator, and within any stair enclosure.
§ 27-2049 Street numbers.
The owner of a dwelling shall post and maintain street numbers on the dwelling, which are plainly visible from the sidewalk in front of the dwelling, in accordance with section 3-505 of the administrative code and the rules and regulations issued by the borough presidents thereunder.
§ 27-2050 Inspection of required sprinklers in converted dwellings and dwellings used for single room occupancy. [Repealed]
A manager, who may be the owner, shall reside in every rooming house or multiple dwelling used for single room occupancy, except that two adjoining or connected rooming houses may be under the same supervision. The manager shall be responsible for the operation and maintenance of the dwelling.
§ 27-2051.1 Temporary posting of emergency information.
Prior to the expectant arrival of a weather emergency, a natural disaster event or after being informed about a utility outage which is expected to last for more than twenty-four hours, the owner of a residential dwelling where at least one dwelling unit is not occupied by such owner shall post the following information in common areas of the residential dwelling on signs of sufficient size to be seen: (i) whether the building is located in a hurricane evacuation zone as defined by the office of emergency management and if applicable, which zone the building is located in; (ii) the address of the nearest designated evacuation center; (iii) when a person should contact 911 and 311 during a weather emergency, a natural disaster event or the utility outage; (iv) whether during the utility outage, services such as potable water, corridor, egress, and common area lighting, fire safety and fire protection, elevators, charging locations for cellular telephones, domestic hot water, or heating and cooling will be provided; (v) contact information for building personnel in the event of an emergency, including email addresses, phone numbers and other methods of communication; (vi) instructions on removing furniture from rooftops and balconies during high wind events and; (vii) for buildings that utilize pumps, instructions on reducing water consumption during the utility outage. Such signs shall be updated by the owner of the residential building as needed and must be removed after the passage of the weather emergency, the natural disaster event or the restoration of utility services. The department shall determine the form of such signs including publishing a template that may be used by residential buildings for the purposes of this section.
Article 13: Janitorial Services
§ 27-2052 Definitions.
When used in this article:
§ 27-2053 Obligations of owner.
(1) Perform the janitorial services himself or herself, if he or she is a resident owner; or
(2) Provide a janitor; or
(3) Provide for janitorial services to be performed on a twenty-four-hour-a-day basis in a manner approved by the department.
§ 27-2054 Residence of person performing janitorial services; limitation on number of dwelling units served.
The person who performs janitorial services for a multiple dwelling of nine or more dwelling units (other than where janitorial services are performed on a twenty-four-hour-a-day basis under paragraph three of subdivision b of section 27-2053 of this article) shall reside in or within a distance of one block or two hundred feet from the dwelling, whichever is greater, unless the owner resides in the multiple dwelling. Where two or three multiple dwellings are connected or adjoining, it shall be sufficient, however, that the person who performs janitorial services resides in one of these, but no person who performs janitorial services for more than one multiple dwelling may service more than sixty-five dwelling units. Regardless of residence the janitor must have a telephone where the janitor may reasonably be expected to be reached.
§ 27-2055 Certification of competency.
§ 27-2056 Exemption of New York city housing authority.
The provisions of this article shall not be applicable to the New York city housing authority.
Article 14: Lead Poisoning Prevention and Control
§ 27-2056.1 Statement of findings and purposes.
The council finds that lead poisoning from paint containing lead is a preventable childhood disease and a public health crisis. The council further finds that the hazard in dwellings that may occur from paint containing lead is subject to many factors, such as the age of a building and its maintenance. The Council also finds and declares that City government must focus on primary prevention as the essential tool to combat childhood lead poisoning and to achieve the goal of preventing children from suffering the adverse health and other effects of exposure to lead-based paint. The pursuit of primary prevention, which means eliminating lead hazards before children are exposed, has been recommended by the United States Centers for Disease Control and Prevention and promoted by leading experts in the field as a critical course of action to protect the health of young children. The Council, therefore, declares that resources must be directed to primary prevention, including identifying children who are most at risk.
The council recognizes that it cannot legislate a single maintenance standard for all dwellings to eliminate this hazard. Instead, the council by enacting this article makes it the responsibility of every owner of a multiple dwelling to investigate dwelling units for lead-based paint hazards and to address such hazards on a case-by-case basis as the conditions may warrant, taking such actions as are necessary to prevent a child from becoming lead poisoned. Having established this responsibility, the council finds that sufficient information exists to guide owners in making determinations about the existence of lead-based paint hazards. See, e.g., United States environmental protection agency, “Identification of Dangerous Levels of Lead; Final Rule” Federal Register, Vol. 66, No. 4 ; United States department of housing and urban development, “Guidelines for the Evaluation and Control of Lead-Based Paint Hazards in Housing” .
The New York city department of health and mental hygiene has reported for the year 2001 that among children tested, 5,638 were newly identified with elevated blood lead levels of 10 micrograms per deciliter or above. The New York city department of health and mental hygiene has reported for the year 2001 that among children tested, 653 were newly identified at or above the department’s environmental intervention blood lead level, which is a blood lead level equal to or exceeding 20 micrograms per deciliter in a single test or two reported blood lead levels between 15 and 19 micrograms per deciliter at least three months apart, and has also reported an overall incidence of 931 children tested with blood lead levels equal to or exceeding 20 micrograms per deciliter. When a child is identified with environmental intervention blood lead levels, the city is obligated to investigate potential sources of the lead poisoning, incurring the expense of an environmental investigation and often times also incurring the expense of medical treatment and remedial education, if necessary. The council finds that these blood lead levels among New York city children constitute a severe health crisis and has established as its goal the elimination of childhood lead poisoning by the year 2010.
In addition, the department of health and mental hygiene has reported for the year 2001 that only 29% of children in New York city are tested both at age one and age two for the disease of lead poisoning even though the testing of all children at age one and age two is mandatory under state law. The council finds that improved screening among these children is critical since children at these ages are at greatest risk for lead poisoning. The council declares that it is reasonable and necessary to increase the rate of blood-lead testing. This local law requires the department of health and mental hygiene to report to the council on progress toward increasing screening rates and reducing the incidence rates of children newly identified with elevated blood lead levels.
The council further finds that the administration and enforcement of the City’s lead poisoning prevention programs can be better coordinated. While it is intended that the department of housing preservation and development remain the agency responsible for the implementation and enforcement of this article, it is also intended that the department of health and mental hygiene shall have a significant role in the promulgation and interpretation of rules and in the development of necessary procedures pursuant to this article.
§ 27-2056.2 Definitions.
Whenever used in this article the following terms shall have the following meanings:
(b) Notwithstanding paragraph (a) of this subdivision, no less than 10 months after the effective date of this section and upon the promulgation of a rule by the department stating that the federal department of housing and urban development has provided at least one performance characteristic sheet or other sufficient written technical guidance approving a commercially available x-ray fluorescence analyzer tested at the level of 0.5 milligrams of lead per square centimeter, “lead-based paint” shall mean paint or other similar surface coating material containing 0.5 milligrams of lead per square centimeter or greater, as determined by laboratory analysis, or by an x-ray fluorescence analyzer. X-ray fluorescence readings shall be classified as positive or negative in accordance with such performance characteristic sheet or other guidance. If laboratory analysis is used to determine lead content, results shall be reported in milligrams of lead per square centimeter. Where the surface area of a paint chip sample cannot be accurately measured or if an accurately measured paint chip sample cannot be removed, a laboratory analysis may be reported in percent by weight. In such case, lead-based paint shall mean any paint or other similar surface-coating material containing more than 0.25 percent of metallic lead, based on the non-volatile content of the paint or other similar surface-coating material.
(c) Before and until the effective date of the rule described in paragraph (b) of this subdivision, for the purposes of the department of health and mental hygiene finding unsafe lead paint in a dwelling unit and issuing an order to abate a condition in a dwelling unit where a child of applicable age with an elevated blood lead level resides, pursuant to section 173.13 of the health code, nothing in this article shall prevent the board of health from determining that unsafe lead paint may include paint with a concentration of lead content that is less than the concentration of lead content in paint set forth in paragraph (a) of this subdivision. Such a determination of unsafe lead paint may include paint with a concentration of lead content no less than 0.5 milligrams of lead per square centimeter, as determined by laboratory analysis, or by an x-ray fluorescence analyzer. X-ray fluorescence readings shall be classified as positive or negative in accordance with the manufacturer’s instructions. If laboratory analysis is used to determine lead content, results shall be reported in milligrams of lead per square centimeter. Where the surface area of a paint chip sample cannot be accurately measured or if an accurately measured paint chip sample cannot be removed, a laboratory analysis may be reported in percent by weight. For such purposes, such concentration determined by the board of health pursuant to this paragraph shall be no less than 0.25 percent of metallic lead, based on the non-volatile content of the paint or other similar surface-coating material.
(b) Notwithstanding subdivision (a) of this section, on and after June 1, 2021, “lead-contaminated dust” shall mean dust containing lead at a mass per area concentration of 5 or more micrograms per square foot on a floor, 40 or more micrograms per square foot on window sills, and 100 or more micrograms per square foot on window wells, or such more stringent standards as may be adopted by the board of health, provided that, if the federal environmental protection agency or a successor agency, or the federal department of housing and urban development or a successor agency, adopts lower definitions of lead-contaminated dust, the board of health shall define in the health code such lower levels for the purposes of this subchapter.
Editor’s note: Section 5 of L.L. 2019/064 provides that the addition of subsection (12) is effective January 1, 2020, provided that no violations of section 27-2056.6 shall be issued based on the definition of “resides” in subdivision (12) before July 1, 2020.
§ 27-2056.3 Owners’ responsibility to remediate.
The existence of a lead-based paint hazard in any multiple dwelling where a child of applicable age resides is hereby declared to constitute a condition dangerous to life and health. An owner shall take action to prevent the reasonably foreseeable occurrence of such a condition and shall expeditiously remediate such condition and any underlying defect, when such underlying defect exists, consistent with the work practices established pursuant to section 27-2056.11 of this article, except where lead-contaminated dust is present in such multiple dwelling and the department of health and mental hygiene has made a determination pursuant to paragraph six of subdivision c of section 27-2056.10 of this article.
§ 27-2056.4 Owners’ responsibility to notify occupants and to investigate.
(2) Where an occupant has responded to the notice provided by the owner pursuant to paragraph one of subdivision d of this section by indicating that no child of applicable age resides therein, during the period between the date of such response and the delivery of the notice provided by the owner pursuant to subdivision e of this section during the immediately following year the occupant shall have the responsibility to inform the owner of any child of applicable age that comes to reside therein during such period. In the event such occupant fails to inform the owner of such child as required by this paragraph, and the owner does not otherwise have actual knowledge that such child is residing in the dwelling unit, the presumption provided for in section 27-2056.5 of this article shall not apply in any action to recover damages for personal injury caused by contact with or exposure to lead-based paint or lead-contaminated dust.
(2) The owner may present the notice required by paragraph one of this subdivision by delivering said notice by any one of the following methods:
(i) by first class mail, addressed to the occupant of the dwelling unit;
(ii) by hand delivery to the occupant of the dwelling unit;
(iii) by enclosure with the January rent bill, if such rent bill is delivered after December fifteenth but no later than January sixteenth; or
(iv) by delivering said notice in conjunction with the annual notice required pursuant to section 17-123 of this code and the rules of the department of health and mental hygiene pertaining to the installation of window guards.
(3) (i) Upon receipt of such notice the occupant shall have the responsibility to deliver by February fifteenth of that year, a written response to the owner indicating whether or not a child of applicable age resides therein. If, subsequent to delivery of such notice, the owner does not receive such written response by February fifteenth, and does not otherwise have actual knowledge as to whether a child of applicable age resides therein, then the owner shall at reasonable times and upon reasonable notice inspect that occupant’s dwelling unit to ascertain the residency of a child of applicable age and, when necessary, conduct an investigation in order to make that determination. Where, between February sixteenth and March first of that year, the owner has made reasonable attempts to gain access to a dwelling unit to determine if a child of applicable age resides in that dwelling unit and was unable to gain access, the owner shall notify the department of health and mental hygiene of that circumstance.
(ii) Where an occupant has responded to the notice provided by the owner pursuant to subparagraph (i) of this paragraph by indicating that no child of applicable age resides therein, during the period between the date of such response and the delivery of the notice provided by the owner pursuant to this subdivision during the immediately following year the occupant shall have the responsibility to inform the owner of any child of applicable age that comes to reside therein during such period. In the event such occupant fails to inform the owner of such child as required by this paragraph, and the owner does not otherwise have actual knowledge that such child is residing in the dwelling unit, the presumption provided for in section 27-2056.5 of this article shall not apply in any action to recover damages for personal injury caused by contact with or exposure to lead-based paint or lead contaminated dust.
(4) For calendar year two thousand four, an owner shall be deemed to have satisfied the provisions of paragraphs one through three of this subdivision if such owner delivers or has already delivered to each dwelling unit where a child under six years of age resides a notice identical or substantially similar to that required to have been delivered in calendar year two thousand three, (i) in the same manner as was required in calendar year two thousand three, and (ii) during the same periods of time in calendar year two thousand four as such notice was required to have been delivered during calendar year two thousand three.
§ 27-2056.5 Presumption.
§ 27-2056.6 Violation in a dwelling unit.
The existence of lead-based paint in any dwelling unit in a multiple dwelling where a child of applicable age resides shall constitute a class C immediately hazardous violation if such paint is peeling or is on a deteriorated subsurface.
§ 27-2056.7 Audit and inspection by department following commissioner’s order to abate.
§ 27-2056.8 Violation in a dwelling unit upon turnover.
(1) remediate all lead-based paint hazards and any underlying defects, when such underlying defects exist;
(2) make all bare floors, window sills, and window wells in the dwelling unit smooth and cleanable;
(3) provide for the removal or permanent covering of all lead-based paint on all friction surfaces on all doors and door frames; and
(4) provide for the removal or permanent covering of all lead-based paint on all friction surfaces on all windows, or provide for the installation of replacement window channels or slides on all lead-based painted friction surfaces on all windows.
§ 27-2056.9 Department inspections.
§ 27-2056.10 Department implementation and enforcement.
(1) uniform specifications and procedures to govern testing, including a standardized format for reporting such testing results, whenever paint or a similar surface-coating material is tested for its lead content, whether by or on behalf of an owner or an agency of the city of New York;
(2) procedures by which an owner shall comply with section 27-2056.4 of this article, including the form and content of the annual notice;
(3) procedures by which an owner shall submit rebuttal documentation to the department pursuant to 27-2056.5 of this article;
(4) procedures by which an owner may apply to the department to postpone the date by which a violation shall be corrected pursuant to subdivision l of section 27-2115 of this code, including, but not limited to, the stabilization of the paint which is the subject of the violation where an owner requests a second postponement of time to correct a violation in accordance with subdivision l of section 27-2115 of this code; and
(5) procedures to implement and to enforce compliance with paragraph two of subdivision l of section 27-2115 of this code, which shall include, but not be limited to, the requirement that an owner certify to:
(i) the correction of a violation of this article of the code, and
(ii) compliance with the rules promulgated by the department pursuant to section 27-2056.11 of this code; and
(6) procedures to be established by the department of health and mental hygiene to order or provide for the expeditious cleanup and removal of lead-contaminated dust when the department of health and mental hygiene determines that there is lead-contaminated dust in a dwelling unit where a child of applicable age resides, such child has an elevated blood level, and the department of health and mental hygiene determines that the source of that lead-contaminated dust is not a condition of the dwelling in which such dwelling unit is located.
§ 27-2056.11 Work practices.
(1) where an owner is performing work in order to comply with a notice of violation or order to correct issued by the department pursuant to this article, which shall be no less stringent than the safety standards required by the commissioner of health and mental hygiene whenever such commissioner shall order the abatement of lead-based paint hazards or unsafe lead paint pursuant to section 173.13 of the health code or a successor rule. Such rules shall provide for temporary relocation provided by the owner of the occupants of a dwelling or dwelling unit to appropriate housing when work cannot be performed safely. Such rules shall provide that all such work be performed only by firms which have received certification to perform lead abatement under the regulations issued by the United States environmental protection agency at subpart L of 40 CFR part 745, or any successor regulations.
(2) where an owner, other than in response to an order to correct or notice of violation issued by the department or the department of health and mental hygiene, is performing work that will disturb lead-based paint or paint of unknown lead content in a dwelling unit where a child of applicable age resides or in the common area of the multiple dwelling in which such dwelling unit is located, where such multiple dwelling was erected prior to January first, nineteen hundred sixty, or where the owner has actual knowledge of the presence of lead-based paint and such multiple dwelling was erected on or after January first, nineteen hundred sixty and before January first, nineteen hundred seventy-eight.
(i) Except as provided in subparagraph (ii) of this paragraph, such rules shall incorporate work practices that are no less protective of public health than those set forth in subdivisions d and e of section 173.14 of the health code and those parts of subdivision b of such section applicable thereto or a successor rule, and shall include a requirement that lead-contaminated dust clearance testing be performed at the completion of such work. Such rules shall require that such work be performed by a person who has, at a minimum, successfully completed a course on lead-safe work practices given by or on behalf of the department or, by the United States environmental protection agency or an entity authorized by it to give such course, or by the United States department of housing and urban development or an entity authorized by it to give such course. Such rules shall require temporary relocation provided by the owner of the occupants of a dwelling or dwelling unit to appropriate housing when work cannot be performed safely.
(ii) Where such work will disturb more than one hundred square feet of lead-based paint or paint of unknown lead content in a room in a multiple dwelling, or will involve the removal of two or more windows with lead-based paint or paint of unknown lead content, such rules shall incorporate work practices that are no less protective of public health than those set forth in subdivisions d and e of section 173.14 of the health code and those parts of subdivision b of such section applicable thereto, or a successor rule, and shall include a requirement that lead-contaminated dust clearance testing be performed at the completion of such work. Such rules shall also require temporary relocation provided by the owner of the occupants of a dwelling or dwelling unit to appropriate housing when work cannot be performed safely. Such rules shall require, in addition, that all such work be performed only by firms which have received certification to perform lead abatement under the regulations issued by the United States environmental protection agency at subpart L of 40 CFR part 745 for the abatement of lead hazards, or any successor regulations. Such rules shall also provide that not less than ten days prior to the commencement of such work the owner of the premises, or the firm, shall file with the department of health and mental hygiene a notice of commencement so that the department of health and mental hygiene may, at its discretion, perform sample audits of such notices to determine that the firms performing the work are properly certified. Such notice shall be signed by the owner or by a representative of the firm, and shall be in a form satisfactory to or prescribed by the department of health and mental hygiene, and shall set forth at a minimum the following information:
(a) The address of the multiple dwelling and the specific location of the work within the multiple dwelling.
(b) The name, address and telephone number of the owner of the multiple dwelling in which the work is to be performed.
(c) The name, address and telephone number of the firm which will be responsible for performing the work.
(d) The date and time of commencement of the work, working or shift hours, and the expected date of completion; and
(e) Identification of the surfaces and structures, and surface area, subject to the work.
The rules shall also provide that any changes in the information contained in the notice shall be filed with the department of health and mental hygiene prior to commencement of work, or if work has already commenced, within twenty-four hours of any change. The rules shall provide that a copy of the notice of commencement shall be posted at the work site.
(iii) The provisions of this paragraph shall not apply where such work disturbs surfaces of less than (a) two square feet of peeling lead-based paint per room or (b) ten percent of the total surface area of peeling paint on a type of component with a small surface area, such as a window sill or door frame.
(3) where an owner is performing work on turnover pursuant to 27-2056.8 of this article. Such rules shall include, but not be limited to, requiring lead-contaminated dust clearance tests at the completion of such work.
§ 27-2056.12 Reporting.
(1) the number of complaints for peeling paint in pre-1960 dwelling units where a child of applicable age resides, disaggregated by city or non-city ownership of the building which is the subject of the complaint;
(2) the number of inspections by the department pursuant to this article, disaggregated by the city or non-city ownership of the building where the inspection occurred;
(3) the number of violations issued by the department pursuant to this article;
(4) the number of violations issued pursuant to this article that were certified as corrected by the owner, the number of such certifications that did not result in the removal of such violations, and the number of civil actions brought by the department against such owners; and
(5) the number of jobs performed in which violations issued pursuant to this article were corrected by the department, the total amount spent by the department to correct the conditions that resulted in the violations, and the average amount spent per dwelling unit to correct such conditions; and
(6) a statistical profile with geographic indexing, such as by community district, council district, and/or zip code, of multiple dwellings in which violations are placed, indicating the ages of the multiple dwellings and other factors relevant to the prevalence of lead-based paint hazards, which may include the prior lead poisoning of a child in the multiple dwelling, outstanding violations, and emergency repair charges.
§ 27-2056.13 Transmittal of violations to the Department of Health and Mental Hygiene.
The department shall send a notice which shall be addressed to the dwelling unit in the multiple dwelling, when a dwelling unit is identified, for which a violation of this article was issued. Such notice shall include a telephone number for the department of health and mental hygiene. The department shall also refer to the department of health and mental hygiene the address of the unit in the multiple dwelling for which such violation was issued, the name of the complainant, if any, and the complainant’s telephone number, if available. The department of health and mental hygiene, pursuant to section 17-179 of this code, shall refer to appropriate medical providers any person who requests assistance in blood lead screening, testing, diagnosis or treatment, and upon the request of a parent or guardian, arrange for blood lead screening of any child who requires screening and whose parent or guardian is unable to obtain a lead test because the child is uninsured or the child’s insurance does not cover such screening.
§ 27-2056.14 Inspections by Department of Health and Mental Hygiene and removal of health code violations by Department of Housing Preservation and Development.
Whenever a report has been made to the department of health and mental hygiene of a person under eighteen years of age with an elevated blood lead level that is at or above the blood lead reference level established pursuant to section 17-912 residing in any dwelling unit, the department of health and mental hygiene shall conduct such investigation as may be necessary to identify potential sources of the elevated blood lead level, including but not limited to, an inspection of the dwelling unit where such person resides. If the department of health and mental hygiene issues an order to correct any violation, the department of health and mental hygiene shall notify the department of each dwelling unit in a dwelling for which the department of health and mental hygiene has issued an order to correct a violation. Where the owner of the dwelling or relevant dwelling unit within such dwelling fails to comply with an order of the department of health and mental hygiene to correct a violation placed by the department of health and mental hygiene, the department of health and mental hygiene shall certify such conditions to the department of housing preservation and development. The certification procedure shall be completed within sixteen days of the report of the elevated blood lead level. The conditions so certified shall be corrected within eighteen days of certification to the department.
§ 27-2056.15 Waiver of benefit void.
§ 27-2056.16 Exemption for emergency conditions.
For emergency actions immediately necessary to safeguard against imminent danger to human life, health or safety or to protect property from further major damage, such as when a property has been damaged by a natural disaster, fire, structural collapse, cascading water, lack of utilities or other emergency conditions, occupants shall be protected from exposure to lead in dust and debris generated by such emergency actions to the extent practicable and the requirements of this article shall not apply. This exemption applies only to repairs immediately necessary to respond to the emergency. The requirements of this article shall apply to any work undertaken subsequent to or above and beyond such emergency actions.
§ 27-2056.17 Record keeping requirements.
(1) buildings with peeling lead-based paint violations issued as a result of positive XRF tests;
(2) buildings with violations that have been issued for other indicators of deteriorated subsurfaces including, but not limited to, mold and leaks;
(3) buildings selected from a random sample of buildings based on data on the prevalence of elevated blood lead levels in certain geographic areas identified by the department of health and mental hygiene; and
(4) buildings selected from a random sample of buildings that are subject to the presumption in section 27-2056.5.
§ 27-2056.18 Application of this article based on age of child.
For the purposes of this article, the term “applicable age” shall mean “under seven years of age” for at least one calendar year from the effective date of this section. Upon the expiration of such one year period, in accordance with the procedures by which the health code is amended, the board of health may determine whether or not the provisions of this article should apply to children of age six, and based on this determination, may redefine “applicable age” for the purposes of some or all of the provisions of this article to mean “under six years of age,” but no lower.
Subchapter 3: Physical and Occupancy Standards For Dwelling Units
Article 1: Lighting and Ventilation
§ 27-2057 Lighting and ventilation in multiple dwellings; general requirements.
§ 27-2058 Lighting and ventilation of living rooms in multiple dwellings erected after nineteen hundred twenty-nine.
(1) a street;
(2) a lawful yard or court on the same lot;
(3) a partially enclosed balcony or space above a setback which opens directly to a street, yard or court if the area of the front of such balcony or space open to the outer air is at least equal to seventy-five percent of the floor area of such balcony or space; or
(4) A completely enclosed balcony or space above a setback in a fireproof multiple dwelling if: the enclosure is not more than one story in height; the outer enclosing walls and roof are of incombustible materials; an area, glazed with clear plate glass or plastic equivalent, on the outer enclosing walls if at least fifty percent of the area of the interior enclosing walls; and at least fifty percent of such glazed area opens on a street, legal yard or court. One-half of such glazed area shall be openable. A living room does not include a kitchen under this paragraph.
(1) The total area of all windows in the room shall be at least one-tenth the floor area of such room, except that when a room opens solely on a balcony or space above a setback the total area of such opening shall be one-tenth the combined floor area of the room and that portion of the balcony or space directly in front of such room. In determining the ratio of windows to floor area, the combined glazed area of windows and doors opening on a balcony or a space above a setback may be used.
(2) Every required window shall be at least twelve square feet.
(3) At least one-half of every required window shall open, except that for a mullioned casement window a minimum of five and one-half square feet is sufficient. In a room where a centralized mechanical ventilating system provides forty cubic feet of air per minute, twenty-five percent of the window area or five and one-half square feet of such area, whichever is greater, shall be openable.
(4) The top of one required window in every room shall be at least seven feet above the floor, except that in dwellings erected pursuant to plans filed after April twenty-third, nineteen hundred fifty-nine, and prior to June fourteenth, nineteen hundred sixty-seven, this requirement shall not apply.
(1) No part of any living room with windows, or doors in lieu thereof, opening on a balcony or space above a setback shall be more than thirty feet from the exterior face of the outer enclosing wall.
(2) In any dwelling unit in a non-fireproof multiple dwelling or in a dwelling unit of three rooms or less in a fireproof multiple dwelling, no part of any room shall be more than thirty feet from a window opening on a street or yard unless such room also opens on a legal court.
(1) Complies with the provisions of subdivision a of this section, and
(2) Has an area at least one-eighth the floor area of such dining space.
§ 27-2059 Lighting and ventilation of living rooms in converted dwellings.
(1) A street,
(2) A yard or outer court which complies with the provisions of section one hundred seventy-two of the multiple dwelling law, or
(3) An inner court or shaft with minimum dimensions of three feet, nine inches in width and eight feet in length. For a room located on the top story, a skylight of the dimensions required in subdivision b may be substituted for a window.
(1) The total area of all windows in the room shall be at least one-tenth the floor area of such room.
(2) Every required window or skylight shall be at least twelve square feet, except that if the total area of windows in the room is one-eighth of the floor area this requirement shall not apply.
(3) At least one-half of every required window shall open. One-half of the skylight shall have ventilating openings, unless (a) the skylight is equipped with a minimum of one hundred and forty-four square inches of ventilation, and (b) there is at least one window in the room, and (c) the combined glazed area of the skylight and window is at least one-eighth of the floor area.
(4) The top of every required window shall be at least seven feet above the floor, except that on the top story it shall be a minimum of six feet above the floor.
(1) A room which is noncomplying with the minimum room size requirements of subdivision b of section 27-2074 of article four of this subchapter or with the requirements of subdivisions a and b of this section may not be occupied unless it has a single or unbroken opening of not less than thirty-two and one-half square feet into an immediately adjoining room. Such adjoining room shall have a window on a street or a yard which complies with the provisions of section one hundred seventy-two of the multiple dwelling law, except that if the dwelling is two stories or less in height, the window of such adjoining room may open on an outer court or a court not less than four feet in width extending from street to yard.
(2) No room may be subdivided in any manner unless each subdivided portion meets the requirements of paragraph one of this subdivision, or of subdivision a of this section.
§ 27-2060 Lighting and ventilation of living rooms in new law tenements.
(1) A street, or
(2) A lawful yard or court.
(1) The total area of all windows in the room shall be at least one-tenth the floor area of such room.
(2) Every required window shall be at least twelve square feet.
(3) At least one-half of every required window shall open.
(4) The top of one required window in a room shall be at least seven feet six inches above the floor.
(1) Every part of a dwelling unit of three rooms or less shall be either within eighteen feet of a street or yard or have a window opening upon a lawful court.
(2) If the window of any room opens on an inner court with a width of less than ten feet between the exterior wall of the dwelling and the lot line, there shall be a sash window connecting such room to an adjoining room within the dwelling unit. The sash window shall have at least ten square feet of glazed area, one-half of which shall open.
(1) That complies with the provisions of subdivision a; and
(2) That has an area not less than one-eighth the floor area of such dining space.
§ 27-2061 Lighting and ventilation of living rooms in old law tenements.
(1) On a street; or
(2) On a yard at least four feet in depth; or
(3) On a court or shaft at least twenty square feet in area open to the sky without a roof or skylight; or
(4) Above the roof of an adjoining building; or it shall meet the requirements of the multiple dwelling law. In the event that a window opens above the roof of an adjoining building and the light and air from the adjoining lot is thereafter diminished in any way, the department may determine that such a room is a noncomplying room and require compliance with the requirements of the multiple dwelling law. For a room located on the top story, a ventilating skylight opening to the outer air may be substituted for a window. At least one-half of every required window shall open.
(1) Opens on a street, yard or legal court, and
(2) Has an area not less than one-eighth the floor area of such dining space.
§ 27-2062 Lighting and ventilation in one- and two-family dwellings.
(1) The total area of all windows in the room shall be at least one-tenth the floor area of such room, or twelve square feet, whichever is greater.
(2) Skylights, opening directly to the outer air, transparent or translucent panels or doors, or other natural light transmitting media may be substituted for window openings, subject to the approval of the department, if they provide an equivalent amount of light to that transmitted through the window area required in paragraph one of this subdivision.
(3) At least forty-five percent of the required window area, skylight or other openings shall be openable to provide natural ventilation. If a mechanical ventilation system provides forty cubic feet of air per minute, the openable area may be reduced to twenty-five percent.
(1) A living room in a oneor two-family dwelling constructed after January first, nineteen hundred thirty-eight which meets the minimum room size requirements of article four of this subchapter but does not comply with subdivision a of this section may not be occupied unless it has a single unbroken opening of not less than sixty square feet into an immediately adjoining room. The adjoining room shall have at least one window opening to the outer air and such window shall be not less than one-tenth of the combined floor area of the room.
(2) In a one- or two-family dwelling constructed prior to January first, nineteen hundred thirty-eight, an opening shall be required between a room without a window and an immediately adjoining living room with at least one window. Such opening shall have a minimum size of thirty-two and one-half square feet.
Article 2: Sanitary Facilities
§ 27-2063 Location of water closets.
§ 27-2064 Size and construction of water closet compartments.
§ 27-2065 Light and ventilation of water closet compartments.
(1) There shall be a window opening upon a street, yard, court, partially enclosed balcony or space above a setback, on an offset or recess which may be less than six feet in width. Every such window shall be at least three square feet in area and one-half of its area shall open.
(2) If the water closet compartment, bathroom or general toilet room is either located on the top story or is underneath the bottom of a lawful shaft or court, it may be lighted and ventilated by a skylight in the roof. Such skylight shall contain three square feet of glazed area and shall open.
(3) There shall be a system of mechanical ventilation, approved for construction and arrangement by the department. In a multiple dwelling such system of ventilation shall be maintained and operated continuously to provide at least four changes per hour of the air volume of each water closet, bathroom or general toilet room daily from six o’clock in the morning until midnight in all residential parts of a dwelling and from seven o’clock in the morning until seven o’clock at night in any nonresidental parts of a dwelling. In a private dwelling the approved system of mechanical ventilation may be switch-operated.
§ 27-2066 Sanitary facilities in apartments.
(1) Every apartment in a multiple dwelling erected after April eighteenth, nineteen hundred twenty-nine shall contain a water closet and a bath.
(2) In every such dwelling exceeding two stories in height, a water closet shall be accessible to every bedroom without passing through any other bedroom, and such access shall be required in every dwelling of two stories or less in height erected after July first, nineteen hundred sixty-one.
(3) In a multiple dwelling erected after July fourteenth, nineteen hundred sixty-seven, every apartment shall contain a washbasin.
(1) Every apartment in a converted dwelling shall contain a water closet and a bath or shower; and every apartment in a dwelling converted after July first, nineteen hundred sixty-one shall also contain a washbasin.
(2) In an apartment located in a dwelling converted after April thirteenth, nineteen hundred forty, there shall be access to a water closet from every bedroom without passing through any other bedroom.
(1) Every apartment in a new law tenement shall contain a water closet and a bath.
(2) In every apartment, a water closet shall be accessible to every bedroom without passing through any other bedroom.
(1) In every old law tenement a water closet shall be provided for the exclusive use of the occupants of every apartment. If it is not located within the apartment, the water closet shall be located on the same story as the apartment and shall be equipped with lock and key.
(2) Such water closet shall be constructed and ventilated as approved by the department.
(1) the number of apartments in the dwelling is increased by any alteration, including the subdivision of existing apartments, the conversion of non-residential space or rooming units to apartments, or the enlargement of the dwelling; or
(2) all apartments in the dwelling are vacated by the department or, except in a summer resort dwelling, are untenanted for sixty days or more; a new certificate of occupancy shall not be issued and a newly created apartment shall not be occupied, or a vacated apartment reoccupied, unless it contains a water closet, bath or shower, and washbasin.
§ 27-2067 Sanitary facilities in rooming units.
§ 27-2068 Sanitary facilities in certain multiple dwellings erected after nineteen hundred twenty-nine.
§ 27-2069 Sanitary facilities in one- and two-family dwellings.
The owner of a one- or two-family dwelling shall provide for the exclusive use of the occupants of each dwelling unit at least one water closet, one washbasin, and one bath or shower. Such facilities shall be located on the same story as each dwelling unit, or on any of the stories to which a dwelling unit extends.
Article 3: Kitchens and Kitchenettes
§ 27-2070 Facilities and equipment.
§ 27-2071 Lighting and ventilation.
The following requirements shall govern in multiple dwellings:
§ 27-2072 Fire protection.
§ 27-2073 Requirements for kitchens and kitchenettes in one- and two-family dwellings.
The following requirements shall govern one- and two-family dwellings:
Article 4: Minimum Room Sizes and Occupancy Regulations
§ 27-2074 Minimum room sizes.
(1) A kitchen;
(2) A room complying with the light and ventilation requirements of subdivision a of section 27-2058 of article one of this subchapter, which has an opening of not less than sixty square feet into an immediately adjoining room, may have a minimum floor area of seventy square feet and a least horizontal dimension of seven feet;
(3) A dining space complying with the light and ventilation requirements of subdivision f of section 27-2058 of article one of this subchapter;
(4) One-half the number of bedrooms in an apartment containing three or more bedrooms may have a least minimum dimension of seven feet;
(5) A room in a class B multiple dwelling may have a floor area of sixty square feet and a least minimum dimension of six feet;
(6) A room in a lodging house, other than an apartment occupied by the owner, janitor, superintendent or caretaker, shall comply with the provisions of section sixty-six of the multiple dwelling law and rules and regulations issued pursuant thereto by the department. No living room, except dormitories in a lodging house, shall be subdivided or otherwise enclosed unless each such portion complies with the provisions of this section and those for light and ventilation required in section 27-2058 of article one of this subchapter.
(1) a kitchen;
(2) a noncomplying room which has an opening of not less than thirty-two and one-half square feet into an immediately adjoining room.
(1) a kitchen;
(2) a dining space complying with the light and ventilation requirements of section 27-2060 of article one of this subchapter. A dining space is not permitted in an apartment with less than three rooms. No living room shall be subdivided or otherwise enclosed unless each such portion complies with the provisions of this section and those for light and ventilation required in section 27-2058 of article one of this subchapter for multiple dwellings erected after April eighteenth, nineteen hundred twenty-nine.
(1) At least one living room in an apartment and any room used for single room occupancy shall have a minimum floor area of one hundred fifty square feet.
(2) All other living rooms in an apartment, or in a rooming unit in a converted dwelling shall have a minimum floor area of seventy square feet, except that a room in a lodging house, other than a room in an apartment occupied by the owner, janitor, superintendent, or caretaker, shall comply with the provisions of section sixty-six of the multiple dwelling law and regulations issued pursuant thereto by the department.
§ 27-2075 Maximum permitted occupancy.
(1) Every person occupying an apartment in a class A or class B multiple dwelling or in a tenant-occupied apartment in a one- or two-family dwelling shall have a livable area of not less than eighty square feet. The maximum number of persons who may occupy any such apartment shall be determined by dividing the total livable floor area of the apartment by eighty square feet. For every two persons who may lawfully occupy an apartment, one child under four may also reside therein, except that a child under four is permitted in an apartment lawfully occupied by one person. No residual floor area of less than eighty square feet shall be counted in determining the maximum permitted occupancy for such apartment. The floor area of a kitchen or kitchenette shall be included in measuring the total liveable floor area of an apartment but the floor area for private halls, foyers, bathrooms or water closets shall be excluded.
(2) A living room in a rooming unit may be occupied by not more than two persons if it has a minimum floor area not less than one hundred ten square feet in a rooming house, or one hundred thirty square feet in a single room occupancy.
§ 27-2076 Prohibited occupancies.
§ 27-2077 Conversions to rooming units prohibited.
(1) Owned or controlled and operated by a hospital for occupancy by nurses and interns on its staff; or
(2) Owned and operated without profit by an educational, religious or charitable institution as a residence for the aged, or for working girls or women, or for working boys or men, or for delinquent, dependent or neglected children, or for students attending a school or college; or,
(3) approved by the commissioner of the department and created with the substantial assistance of loans, grants or subsidies from any federal, state or local agency or instrumentality; or
(4) approved by the commissioner of the department and owned, operated or used by any federal, state or local agency or instrumentality or by a non-profit organization.
§ 27-2078 Rental of rooms to boarders.
§ 27-2079 Single room occupancy.
Every building containing rooming units, and each individual apartment used for single room occupancy, shall contain at least one water closet, washbasin and bath or shower for each six persons lawfully occupying rooming units therein, and for any remainder of less than six persons. At least one water closet shall be located on any floor containing a rooming unit. If there are not more than two rooms on the first story above the basement in a rooming house, no water closet is required on such floor but the occupants of the room shall be counted in determining the required number of facilities.
§ 27-2080 Maintenance of a registry in rooming house and single room occupancy buildings.
An owner or lessee of any dwelling containing rooming house accommodations or any room or rooms used for single room occupancy shall keep a register in such dwelling in the custody of a responsible agent. The register shall show: The name, signature, age, previous residence, date of arrival and date of departure of each tenant of rooming house accommodations or of a room or rooms used for single room occupancy; the room or rooms occupied by such tenant; and the names and ages of all persons residing in or occupying such room or rooms with such tenant. The owner or lessee of such a dwelling and the agent who maintains the register in such dwelling shall permit any officer or employee of the department or any inspector from any city department to inspect the register. It shall be unlawful for such owner or lessee knowingly to cause or permit any false entry to be made in such register. It shall be unlawful for any tenant to provide the owner or lessee of such dwelling with any false information on any matter required to be included in the register.
Article 5: Occupancy of Cellars and Basements
§ 27-2081 Occupancy of cellars and basements in multiple dwellings; general requirements.
No dwelling unit in a cellar or basement of a multiple dwelling shall be occupied unless:
§ 27-2082 Occupancy of cellars and basements in any multiple dwelling with “adequate adjacent space”.
A dwelling unit in the cellar or basement of a multiple dwelling may be occupied if all of the following requirements are met:
(1) is thirty feet in its least dimension,
(2) is located on the same lot as the dwelling or in a street or public place,
(3) is open and unobstructed, except as provided in subdivision nine of section twenty-six of the multiple dwelling law, and
(4) abuts at the same level, or directly below, every part of the exterior walls of every dwelling unit located on the same floor.
§ 27-2083 Occupancy of cellars and basements in multiple dwellings erected after April eighteenth, nineteen hundred twenty-nine.
Except as provided in subdivision d of section 27-2082 of this article, no dwelling unit in the cellar or basement of a multiple dwelling erected after April eighteenth, nineteen hundred twenty-nine may be occupied unless:
(1) Four feet six inches for a room in a dwelling unit located in the front of the dwelling, or
(2) Two feet for a room in a dwelling unit located in the rear of the dwelling. If the yard is sixty feet or more in depth, this requirement does not apply. Height above curb level is measured on the street on which the dwelling fronts.
(1) Within twenty-five feet of the inner surface of the front or rear wall of the dwelling, or
(2) Have a window opening upon a court of the dimensions provided in subdivision seven of section twenty-six of the multiple dwelling law but in no event shall such court be less than ten feet in width.
(1) Shall be completely separated from any other room or private hall;
(2) Shall have access to at least one bathroom without passing through the apartment provided for in subdivision f; and
(3) Shall comply with the provisions of subdivision f for required windows.
§ 27-2084 Occupancy of cellars and basements in converted dwellings.
(1) The yard adjoining such dwelling unit; has a minimum depth of thirty feet or more at every point; is open and unobstructed except as permitted by subdivision nine of section twenty-six of the multiple dwelling law; and abuts the exterior wall of such dwelling at a level no higher than the floor of any room contained in the dwelling unit; and
(2) The department determines that the dwelling unit is habitable. Such a cellar shall be deemed a basement for the purpose of all requirements of the multiple dwelling law and of this code.
(1) Every living room has a minimum height of seven feet in every part; and
(2) Every living room has at least one window which complies with the provisions of subdivision b of section 27-2059 of article one of this subchapter, except that the top of at least one window shall be a minimum of six feet above the floor, or if the room does not comply with the foregoing provisions of this paragraph two, it complies with the provisions of subdivision c of section 27-2059 of article one of this subchapter.
§ 27-2085 Occupancy of cellars and basements in new law tenements.
Except as provided in section 27-2082 of this article, no dwelling unit in the cellar or basement of a new law tenement may be occupied unless:
(1) Four feet six inches for a room in a dwelling unit located in the front of a dwelling, or
(2) Two feet for a room in a dwelling unit located in the rear of a dwelling. If the yard is sixty feet or more in depth this requirement does not apply. Height above curb level is measured on the street on which the dwelling fronts.
(1) A minimum width of eighteen feet and a maximum depth of thirty feet, or
(2) A depth which does not exceed the width by more than one-half.
§ 27-2086 Occupancy of cellars and basements in old law tenements.
(1) Every room has a minimum height of eight feet in every part.
(2) In every room of a dwelling unit located at the front of the dwelling, every part of the ceiling is at least four feet above the surface of the street in front of every such part.
(3) In a dwelling unit located in the rear, every room has at least one-half of its height in every part above the highest level of an adjoining space which: Abuts every part of the exterior wall of such room; has a minimum dimension of thirty feet measured at a right angle to the outer surface of such wall; and is open and unobstructed, except as permitted in subdivision nine of section twenty-six of the multiple dwelling law.
(4) Every room has at least one window opening upon a street, yard or the adjoining space required in paragraph three and at least one-half of every such window shall open.
(1) Every room has a minimum height of seven feet, six inches in every part.
(2) Every room has at least one window opening upon a street, a yard with a minimum depth of twelve feet or a court with dimensions of not less than six feet by twelve feet. Such room is a part of a dwelling unit containing at least one room with a window opening upon a street or such a yard.
(3) At least one-half of a required window shall open.
§ 27-2087 Occupancy of cellars and basements in one- and two-family dwellings.
(1) Such room complies with all of the requirements of this code for rooms which are not located in the cellar or basement; except that the minimum ceiling height required in one family dwellings shall be seven feet.
(2) Whenever the department determines that the subsoil conditions on the lot so require, the basement or other lowest floor and all exterior walls as high as the ground level shall be dampproofed and waterproofed.
(1) Such basement occupancy is limited to one family which, for the purposes of this section, shall not include boarders.
(2) Every room shall have a window complying with the requirements of section 27-2062 of article one of this subchapter.
(3) The bottom of any yard or other required open space shall be no higher than six inches below the window sill of any required window in any room.
§ 27-2088 Powers of the board of standards and appeals; cellar and basement occupancies.
The board of standards and appeals shall have those powers and authority as set forth in section three hundred ten of the multiple dwelling law.
Article 6: Vacant Multiple Dwellings
§ 27-2089 Requirements for reoccupancy of vacant multiple dwellings.
(1) Became untenanted for a period of sixty days or more, or
(2) Were, or shall become, untenanted by reason of having been vacated by the department under the provisions of the administrative code or any provision of the multiple dwelling law on the ground that such dwelling was or is deemed unfit for human habitation or dangerous to life and health, it shall be unlawful for the owner of such dwelling to cause or permit same to be used in whole or in part for living purposes (other than by a janitor, superintendent or resident caretaker) until such dwelling is made to comply with the applicable requirements of the administrative code and the multiple dwelling law affecting the kind and class of such structure. For the purpose of determining whether any such dwelling is untenanted, occupancy of same by a janitor, superintendent or resident caretaker shall not be counted. It shall be unlawful for the owner of any such dwelling to cause or permit same to be used in whole or in part for living purposes (other than by a janitor, superintendent or resident caretaker) until (1) an application and plan for the work required by this article have been filed with and approved by the department, (2) such work has been completed by the owner and approved by the department, and (3) a new certificate of occupancy has been obtained.
(1) any multiple dwelling which is vacant or partly vacant because of a current alteration being performed under application and plan approved by the department for the elimination of interior rooms or the installation of sanitary facilities as required by the provisions of the administrative code or the multiple dwelling law, or
(2) any multiple dwelling which is vacant or partly vacant by reason of being used as a summer resort dwelling as defined in paragraph fortysix of subdivision a of section 27-2004 of article one of subchapter one of this chapter, or
(3) any old law or new law tenement for which no certificate of occupancy has been issued, two or more apartments are being combined to create larger residential units, the total legal number of families within the building is being decreased and the bulk of the building is not being increased.
Subchapter 4: Administration
Article 1: Powers and Functions of the Department
§ 27-2090 Power to make regulations.
The department shall have power to promulgate such regulations as it may consider necessary or convenient to interpret or carry out any of the provisions of this code.
§ 27-2091 Power to issue orders.
1. Such order may be issued to an owner of a building that meets the criteria promulgated by the department in rules.
2. The department may file such order in the office of the county clerk in the county in which the building is located. Where such order has been filed by the department and complied with by the owner, the department shall file a rescission of the order with such county clerk.
3. An owner shall comply with such order and submit such documentation as the department may require indicating compliance with the order no later than four months after the order has been issued, provided, however, that the department may extend the deadline for compliance by a period not to exceed two months, in accordance with criteria promulgated by the department in rules. If such owner fails to comply with such order, the department may perform all or part of the work required by such order.
4. All amounts for expenses incurred by the department pursuant to this subdivision that remain unpaid by an owner, shall constitute a debt recoverable from the owner and a lien upon the building and lot, and upon the rents and other income thereof. The provisions of article eight of subchapter five of this code shall govern the effect and enforcement of such debt and lien. The department may serve a statement of account upon an owner for such amounts pursuant to section 27-2129 of this code.
5. Notwithstanding any provision of this code to the contrary, an owner who fails to comply with an order issued pursuant to this subdivision shall be subject to a civil penalty of one thousand dollars for each dwelling unit that is the subject of such order, provided, however, that the total amount of such penalty shall not be less than five thousand dollars.
§ 27-2092 Power to hold hearings; subpoena power; production of documents.
For the purpose of enforcing the provisions of this code, considering the desirability or scope of any proposed rule or regulation hereunder, and for the purpose of making any determination required to be made by the department under this code, the department shall have power to conduct inspection, to hold public or private hearings, to subpoena witnesses, administer oaths and take testimony, and compel the production of books, papers, records and documents. The commissioner may designate himself or herself or one or more of the members, officers or employees of the department to act as a hearing board, to exercise any one or more of the powers listed, and the department may promulgate regulations to assure a lawful, orderly and fair procedure before such hearing board. Every person who shall appear before such a hearing board shall have the right to be represented by counsel of his or her own choosing.
§ 27-2093 Certification of no harassment with respect to single room occupancy multiple dwellings.
(1) the use or threatened use of force which causes or is intended to cause any person lawfully entitled to occupancy of a dwelling unit in such multiple dwelling to vacate such unit or to surrender or waive any rights in relation to such occupancy;
(2) the interruption or discontinuance of essential services which (i) interferes with or disturbs or is intended to interfere with or disturb the comfort, repose, peace or quiet of any person lawfully entitled to occupancy of a dwelling unit in the use or occupancy of such dwelling unit and (ii) causes or is intended to cause such person lawfully entitled to occupancy of such dwelling unit to vacate such unit or to surrender or waive any rights in relation to such occupancy;
(3) the failure to comply with the provisions of subdivision c of section 27-2140 of article seven of subchapter five of this code which causes or is intended to cause such person lawfully entitled to occupancy of such dwelling unit to vacate such unit or to waive any rights in relation to such occupancy; or
(4) any other conduct which prevents or is intended to prevent any person from the lawful occupancy of such dwelling unit or causes or is intended to cause such person lawfully entitled to occupancy of such dwelling unit to vacate such unit or to surrender or waive any rights in relation to such occupancy including but not limited to removing the possessions of any occupant from the dwelling unit; removing the door at the entrance to the dwelling unit; removing, plugging or otherwise rendering the lock on such entrance door inoperable; or changing the lock on such entrance door without supplying the occupant with a key.
(1) Upon the receipt of an application for a certification of no harassment, the commissioner shall publish notice in such publication as the commissioner deems appropriate for a period of seven consecutive days, shall mail notice to the owner of record, such occupants as the department shall identify, such other interested persons as the department shall identify, the local community board and appropriate government agencies and shall post notice in a conspicuous place on the premises of the multiple dwelling for which the certification is sought.
(2) The notice shall be in such form as shall be prescribed by the commissioner and shall state, in English and whatever other language the commissioner deems appropriate:
(a) the location and general description of the multiple dwelling for which the certification is sought;
(b) a description of the certification procedure and its purpose;
(c) the period of time for which certification is to be made;
(d) in plain language, a description of conduct constituting harassment; and
(e) that any occupants or former occupants of the multiple dwelling for which such certification is sought and other interested persons, government agencies and the local community board, are invited to submit their comments within thirty days of the date of such notice in writing or orally at a designated location.
(3) Upon the expiration of such thirty day comment period, the commissioner may (i) determine that no harassment has occurred within the stated period of time and forthwith grant such certification, (ii) determine that a waiver of certification may be granted pursuant to subdivision e of this section and forthwith grant such waiver, or (iii) deny such certification without a prior hearing if there has been a finding by the office of rent control, the conciliation and appeals board or any court having jurisdiction that there has been harassment, unlawful eviction or arson by or on behalf of the owner at the multiple dwelling for which certification is sought during the stated period of time; or (iv) where there has been no prior determination of harassment, unlawful eviction or arson by or on behalf of the owner, provide that a hearing be held in the manner provided in section 27-2092 of this article if the commissioner has reasonable cause to believe that harassment has occurred within such stated period of time and that a waiver of certification may not be granted. At such hearing, the owner of the multiple dwelling for which such certification is sought, shall have the opportunity to be heard by the commissioner or a designee prior to the granting or denial of certification or of a waiver thereof. Notice of such hearing shall be given to the applicant and to other interested parties, governmental agencies and local community board in the manner to be prescribed by rules and regulations of the commissioner. Within forty-five days after such hearing, the commissioner shall either grant or deny such certification or waiver thereof.
(4) If certification or a waiver thereof is denied, notice of such denial accompanied by written findings indicating the grounds for such denial shall be mailed to the owner of record and shall be filed in the office of the city register. Such determination shall be subject to review pursuant to article seventy-eight of the civil practice law and rules.
(5) Neither such certification nor a waiver thereof shall be granted unless the applicant submits a sworn statement, in such form as the commissioner shall prescribe, by all the owners of the multiple dwelling representing that there will be no harassment of the occupants of such multiple dwelling by or on behalf of such owners. The corporation counsel may institute any action or proceeding in any court of competent jurisdiction that may be appropriate or necessary for the enforcement of this representation and agreement. Nothing contained herein shall preclude an occupant of such multiple dwelling from applying on his or her own behalf for similar relief.
(6) The commissioner shall promulgate rules and regulations to establish procedures relating to applications for and the issuance of supplemental certifications as required by paragraph nine of subdivision b of section 27-198 of the code.
(1) (a) the owner of record of the multiple dwelling with respect to which such certification is sought was the owner of record of such multiple dwelling prior to May fifth, nineteen hundred eighty-three or had entered into a contract of sale for the purchase of such multiple dwelling which was recorded prior to such date or, with respect to a certification proceeding where the alterations sought to be performed are of the type prescribed by regulation of the commissioner pursuant to subdivision b of section 27-198 of article nineteen of subchapter one of the building code, the owner of record of such multiple dwelling was the owner of record of such multiple dwelling prior to the date of the first publication of the regulations requiring certification for such type of alterations or had entered into a contract of sale for the purchase of such multiple dwelling which was recorded prior to such date;
(b) such owner was not the owner of such multiple dwelling during any period of time in which such harassment occurred and did not at such multiple dwelling (i) otherwise engage or participate in such harassment; or (ii) with intent that harassment be performed, agree with one or more persons to engage in or cause the performance of harassment; or (iii) with intent that another person engage in conduct constituting harassment, solicit, request, command, importune or otherwise attempt to cause such person to engage in conduct constituting harassment; and
(c) such owner acquired title pursuant to a bona fide transaction that is not intended to evade the provisions of this section; or
(2) the owner acquired the multiple dwelling by sale pursuant to foreclosure of a mortgage or pursuant to a deed in lieu of foreclosure of a mortgage; provided, however, that such conveyance was a bona fide transaction for the purpose of enforcing the debt and not intended to evade the provisions of this section and either (i) a certification of no harassment or waiver thereof was granted with respect to such multiple dwelling within a sixty day period prior to the date of the recording of such mortgage and no suspension or rescission thereof was recorded prior to such date; or (ii) such mortgage was recorded prior to May fifth, nineteen hundred eighty-three, or, if such owner is a banking organization as defined in section two of the banking law, a national banking association, a federal savings and loan association, the mortgage facilities corporation, savings banks life insurance fund, the savings banks retirement system, an authorized insurer as defined in section four of the insurance law, or a trust company or other corporation organized under the laws of this state all the capital stock of which is owned by at least twenty savings banks or by at least twenty savings and loan associations or a subsidiary corporation all of the capital stock of which is owned by such trust company or other corporation, a commitment for such mortgage was made prior to May fifth, nineteen hundred eighty-three.
(3) In determining whether such transaction was bona fide, the commissioner may consider whether at such multiple dwelling or any other such multiple dwelling such owner did (i) otherwise engage or participate in harassment; or (ii) with intent that harassment be performed, agree with one or more persons to engage in or cause the performance of harassment; or (iii) with intent that another person engage in conduct constituting harassment, solicit, request, command, importune or otherwise attempt to cause such person to engage in conduct constituting harassment. The commissioner may also consider the relationship between the parties to the transaction.
(4) A waiver of a certification pursuant to this subdivision shall state the findings of the commissioner.
(2) If the commissioner has reasonable cause to believe that such harassment has occurred, the commissioner shall suspend the certification of no harassment or waiver thereof and upon the request of the commissioner, the commissioner of buildings shall not approve any plans or issue an alteration or demolition permit with respect to the alteration or demolition of such multiple dwelling or, if such plans have been approved and an alteration or demolition permit has been issued with respect to such alteration or demolition, issue a stop-work notice and order pursuant to section 27-227 of article twenty-four of subchapter one of the building code. Notice of such suspension shall be mailed to the owner of record of such multiple dwelling and shall be filed with the city register.
(3) As soon as reasonably possible, but not later than thirty days after such suspension, the commissioner shall hold a hearing in the manner provided in section 27-2092 of this article upon appropriate notice and shall determine whether to rescind such certification; provided, however, that if, prior to the commencement of substantial work, the owner has been found by the office of rent control, the conciliation and appeals board or any court having jurisdiction, to have engaged in harassment, unlawful eviction or arson at the multiple dwelling, the commissioner may rescind such certification without holding a hearing. At such hearing the owner shall have an opportunity to be heard by the commissioner or a designee of the commissioner.
(4) If the commissioner determines not to rescind such certification, the commissioner shall notify the commissioner of buildings of such determination and any stop-work notice and order issued by the commissioner of buildings pursuant to paragraph two of this subdivision shall be vacated immediately. Notice of such determination shall be mailed to the owner of record of such multiple dwelling and filed with the city register.
(5) If the commissioner determines that such certification shall be rescinded, notice of such determination accompanied by written findings indicating the grounds for such determination shall be provided to the commissioner of buildings and shall be mailed to the owner of record of such multiple dwelling and filed with the city register. Such determination shall be subject to review pursuant to article seventy-eight of the civil practice law and rules.
(g) For the purpose of any subsequent certification proceeding with respect to such multiple dwelling pursuant to this section, the granting of a certification of no harassment or a waiver thereof for any period of time shall be conclusive proof only for the purposes of this section that either no harassment occurred within the time period covered by such certification or that the waiver of such certification for such period of time was appropriate.
§ 27-2093.1 Certification of no harassment with respect to pilot program buildings.
Building qualification index. The term “building qualification index” means an index created by the department and promulgated in rules to evaluate prospective pilot program buildings for distress based on the department’s records of open and closed hazardous and immediately hazardous violations of the housing maintenance code, records of paid and unpaid liens for expenses incurred by the department for the repair or elimination of dangerous conditions under the emergency repair program, change of ownership or any other factor that reasonably indicates distress and would qualify such building for the certification of no harassment pilot program as determined by the department.
Certification of no harassment. The term “certification of no harassment” means a certification by the department that no harassment of any lawful occupants of a pilot program building occurred during the 60 month period prior to the filing of an application for such certification pursuant to this section.
City-sponsored neighborhood-wide rezoning area. The term “city-sponsored neighborhood-wide rezoning area” means an area of the zoning map for which:
(1) amendments to the zoning regulations pertaining to such area were proposed by the City;
(2) the city planning commission approved or approved with modifications such amendments for a matter described in paragraph 3 of subdivision a of section 197-c of the charter;
(3) the city planning commission decision was approved or approved with modifications by the council pursuant to section 197-d of the charter and is not subject to further action pursuant to subdivision e or f of such section;
(4) the zoning map amendments increased the permitted residential floor area ratio within the rezoned area by at least 33 percent; and
(5) the amendments involved at least 10 blocks of real property in such area.
Covered categories of work. The term “covered categories of work” has the meaning set forth in section 28-505.3.
Harassment. The term “harassment” has the meaning set forth in subdivision 48 of section 27-2004.
Low income housing. The term “low income housing” means dwelling units that, upon initial rental and upon each subsequent rental following a vacancy, is affordable to and restricted to occupancy by individuals or families whose household income does not exceed an average of 50 percent of the area median income, adjusted for family size, at the time that such household initially occupies the dwelling unit, provided that with respect to low income housing units provided pursuant to a cure agreement in accordance with subdivision e of this section, one-third of such low income housing units shall be available at 40 percent of the area median income, one-third of such units shall be available at 50 percent of the area median income and one-third of such units shall be available at 60 percent of the area median income.
Pilot program building. The term “pilot program building” means a multiple dwelling included on the pilot program list.
Pilot program list. The term “pilot program list” means a list of multiple dwellings with six or more dwelling units meeting the criteria set by the department in accordance with subdivision b. Such multiple dwelling shall remain on the pilot program list for 60 months, or until expiration of the local law that added this section, whichever is later. Such list shall be published and maintained on the websites of the department and the department of buildings. Such list shall not include any multiple dwelling that:
(1) is subject to any other provision of law or rules, including the zoning resolution, that requires a certification of no harassment as a condition to obtaining approval of construction documents or an initial or reinstated permit in connection therewith from the department of buildings;
(2) is the subject of a program approved by the commissioner and related to the rehabilitation or preservation of a single room occupancy multiple dwelling or the provision of housing for persons of low or moderate income, other than a program consisting solely of real property tax abatement or tax exemption pursuant to the real property tax law, and has been exempted from the provisions of this section by the commissioner;
(3) contains dwelling units that are required to be and actually are restricted based on income pursuant to an agreement pursuant to the mandatory inclusionary housing program or the voluntary inclusionary housing program and the income-restricted units that are required pursuant to such agreement are occupied at the time of application for a certification of no harassment;
(4) is an exempt luxury hotel as defined by the department in rules;
(5) is a rent regulated institutional residence, the occupancy of which is restricted to non-profit institutional use exempted from the requirements of this section by the department;
(6) is owned by the city or other governmental entity;
(7) is a clubhouse; or
(8) is a college or school dormitory.
Tenant harassment prevention task force. The term “tenant harassment prevention task force” or “task force” means representatives of city and state agencies that combine to combat tenant harassment through coordinated enforcement actions.
(1) Buildings with scores on the building qualification index indicating significant distress as determined by the department, and located within:
(i) Bronx community district 4,
(ii) Bronx community district 5,
(iii) Bronx community district 7,
(iv) Brooklyn community district 3,
(v) Brooklyn community district 4,
(vi) Brooklyn community district 5,
(vii) Brooklyn community district 16,
(viii) Manhattan community district 9,
(ix) Manhattan community district 11,
(x) Manhattan community district 12,
(xi) Queens community district 14, and
(xii) Any community district where any part of such district is subject to a city-sponsored neighborhood-wide rezoning after the date of enactment of the local law that added this section.
(2) (i) Buildings where a full vacate order has been issued by the department or by the department of buildings, or
(ii) Buildings where there has been active participation in the alternative enforcement program for more than four months since February 1, 2016; and
(3) Buildings where there has been a final determination by New York state homes and community renewal or any court having jurisdiction that one or more acts of harassment were committed at such building within the 60 months prior to the effective date of the local law that added this section or on or after the effective date of the local law that added this section. The department shall establish a method of identifying buildings where there have been adjudications of harassment after the effective date of the local law that added this section, and may request the cooperation of the tenant harassment prevention task force to establish and effectuate such method. The department shall add a building to the pilot program list within 30 days after it is identified in accordance with such method.
(1) In accordance with article 505 of chapter 5 of title 28, a pilot program building shall be required to obtain a certification of no harassment or waiver of such certification as a condition to obtaining approval of construction documents or an initial or reinstated permit in connection therewith by the department of buildings for any covered categories of work.
(2) Except as otherwise provided in this section, if a certification of no harassment is denied no such approval or permit shall be issued by the department of buildings for 60 months after such denial.
(1) An application for a certification of no harassment shall be in such form and shall contain such information as shall be prescribed by the department.
(2) Upon the receipt of an application for a certification of no harassment, the department shall publish notice in a publication of general circulation for a period of seven consecutive days, shall mail notice to the owner at the address provided on the application and the address provided in the last registration with the department, as well as to the owner who appears on the last deed recorded on the records of the department of finance, such occupants as the department shall identify, any community group designated by the department to survey the building, such other interested persons as the department shall identify, the local community board, city council member representing the district in which such building is situated, and appropriate government agencies, and shall post notice in a conspicuous place at the pilot program building for which the certification of no harassment is sought.
(3) The notice shall be published in English and in any other language prevalent in the district, as determined by the commissioner, and shall include a statement that such notice is available in any covered language, as defined in subdivision j of section 8-1002*. Such notice shall also contain:
(i) the location and general description of the pilot program building for which the certification is sought;
(ii) a description of the certification procedure and its purpose;
(iii) the contact information for the community group designated by the department to survey the building and its occupants;
(iv) the period of time covered by the inquiry, which shall be 60 months prior to the filing of the application for a certificate of no harassment pursuant to this section;
(v) a description of conduct constituting harassment; and
(vi) that the owner and any occupants or former occupants of the pilot program building for which such certification is sought and other interested persons, government agencies and the local community board, are invited to submit their comments within 45 days of the date of such notice in writing or orally at a designated location, provided that the department may, for good cause, extend the time for the submission of such comments for an additional 15 days.
(4) The department may designate a community group to conduct a survey of the occupants of the pilot program building with respect to harassment in the pilot program building and to report its findings to the department. The community group shall provide a copy of the notice required by this subdivision to occupants. Based upon the findings of such community group or the department’s review of records and other data, the department may determine that it is necessary to conduct a further investigation.
(5) Upon the completion of any such survey and further investigation, the department may:
(A) determine that no harassment has occurred within the stated period of time and forthwith grant such certification of no harassment.
(B) deny a certification of no harassment without a hearing if there has been a finding by New York state homes and community renewal or any court having jurisdiction that there has been harassment, unlawful eviction, or arson by or on behalf of the owner during the stated period of time; or
(C) where there has been no prior determination of harassment, unlawful eviction, or arson by or on behalf of the owner, provide that a hearing be held at the office of administrative trials and hearings if the department has reasonable cause to believe that harassment has occurred within such stated period of time. The owner of the pilot program building for which a certification of no harassment is sought shall have the opportunity to be heard at such hearing prior to the granting or denial of such certification. The department may receive testimony from tenants, community groups and any other interested parties. Notice of such hearing shall be given to the applicant in the manner prescribed by the office of administrative trials and hearings. Within 45 days after the office of administrative trials and hearings issues a report and recommendation, the department shall either grant or deny such certification of no harassment.
(6) If a certification of no harassment is denied, notice of such denial accompanied by written findings indicating the grounds for such denial shall be mailed to the applicant and owner of record and shall be filed in the office of the city register or the Richmond county clerk.
(7) A final determination on an application for a certification of no harassment shall be subject to review pursuant to article 78 of the civil practice law and rules.
(8) Where the department has denied or rescinded a certification of no harassment for a pilot program building the department of buildings shall not approve construction documents or issue or renew permits for covered categories of work in such building for a period of 60 months after such denial or rescission unless the owner enters into an agreement with the department to cure the record of harassment in accordance with subdivision e.
(9) Before a certification of no harassment may be granted, an applicant shall submit a sworn statement, in such form as the department shall prescribe, by all the owners of the pilot program building representing that there will be no harassment of the occupants of such building by or on behalf of such owners. The corporation counsel may institute any action or proceeding in any court of competent jurisdiction that may be appropriate or necessary for the enforcement of this representation and agreement. Nothing contained herein shall preclude an occupant of such pilot program building from applying on his or her own behalf for similar relief.
(1) An agreement to cure the record of harassment at a pilot program building shall require the owner to engage in or provide for, through an entity identified by the department as capable of developing new affordable housing in the same community district as the pilot program building, the construction of floor area of low income housing, either within the pilot program building, in a new building at the same site as the pilot program building or such same community district, in accordance with rules promulgated by the department, provided that such owner shall construct or provide within such building or community district no less than the greater of: (i) 25 percent of the total residential floor area of such pilot program building undergoing covered work in which harassment has occurred, or (ii) 20 percent of the total floor area of any new or pilot program building undergoing covered work on the lot containing the pilot program building subject to such agreement.
(2) The owner shall record and index a restrictive declaration with respect to such agreement with the city register or the Richmond county clerk.
(3) The department shall promulgate rules providing for the administration and enforcement of such an agreement, and shall establish criteria for such an agreement to ensure the effective implementation thereof. Such rules shall include a requirement that lawful tenants who resided in the pilot program building during the 60 month period prior to the determination to deny the certification of no harassment or prior to the rescission of a certification of no harassment shall have priority in the allocation of low income units constructed by the owner within the pilot program building or in a new building at the same site as the pilot program building if they otherwise qualify for such units.
(4) The owner shall attest, as part of such agreement, that no such construction of floor area of low income housing required under paragraph (1) of this subdivision shall be used by the owner to satisfy an eligibility requirement of any real property tax abatement or exemption program, or of a floor area ratio increase pursuant to section 23-90 of the zoning resolution, for which the owner otherwise may be eligible to apply, or to apply for a hardship waiver from any existing code or zoning resolution requirements. The department shall ensure that floor area of low income housing required under paragraph (1) of this subdivision is in addition to and not in substitution for floor area of low income housing that may be used by the owner to satisfy an eligibility requirement of any real property tax abatement or exemption program, or of a floor area ratio increase pursuant to section 23-90 of the zoning resolution, for which the owner may apply. The department shall ensure that a city, state or federal subsidy shall not be used for the construction of low income housing required under paragraph (1) of this subdivision.
(1) The department may rescind a certification of no harassment that was granted for a pilot program building if it finds that harassment has occurred at such building while such certification was in effect, as described by this subdivision.
(2) If the department has reasonable cause to believe that harassment has occurred during the effective period of a certification of no harassment, the commissioner shall suspend the certification of no harassment for the pilot program building. Upon the request of the department, the department of buildings shall not approve any construction documents or issue an initial or reinstated permit in connection with covered categories of work or, if such documents have been approved or such permit has been issued, issue a stop-work notice and order pursuant to section 28-505.6. Notice of such a suspension of a certification of no harassment shall be mailed to the applicant, the owner of record of such pilot program building and known tenants of such building and shall be filed with the city register or Richmond county clerk.
(3) As soon as reasonably possible after a request for a hearing by an owner who has received a notice of suspension, but not later than 30 days after such suspension, the department shall commence a proceeding at the office of administrative trials and hearings by filing the required pleadings. At the hearing, the owner of a pilot program building for which a certification of no harassment has been suspended shall have the opportunity to be heard. Notice of such hearing shall be given to the applicant, such other persons and known tenants of such building in the manner prescribed by the office of administrative trials and hearings. The department may receive testimony from such other persons and known tenants of such building. The department shall determine whether to rescind the certification of no harassment within 45 days of receiving the report and recommendation from the office of administrative trials and hearings.
(4) If the owner has been found by New York state homes and community renewal or any court having jurisdiction to have engaged in harassment, unlawful eviction, or arson at the pilot program building after the certification of no harassment was granted, the department may determine whether to rescind such certification without commencing a proceeding at the office of administrative trials and hearings.
(5) If the department determines not to rescind such certification of no harassment, the department shall notify the department of buildings of such determination and any stop work notice and order issued by the department of buildings pursuant to section 28-505.6 shall be vacated immediately. Notice of such determination shall be mailed to the owner of record of such pilot program building, the known tenants of such building and filed with the city register or the Richmond county clerk.
(6) If the department determines that such certification of no harassment shall be rescinded, notice of such determination accompanied by written findings indicating the grounds for such determination shall be provided to the department of buildings and shall be mailed to the owner of record of such pilot program building and filed with the city register or the Richmond county clerk. Such determination shall be subject to review pursuant to article 78 of the civil practice law and rules.
(1) (A) the owner of record of the pilot program building was the owner of record prior to November 29, 2017 or had entered into a contract of sale for the purchase of such pilot program building which was recorded prior to such date or, with respect to a certification proceeding where the alterations sought to be performed are of the type prescribed by rule of the commissioner pursuant to item 5 of section 28-505.3, the owner of record of such multiple dwelling was the owner of record of such multiple dwelling prior to the date of the first publication of such rule or had entered into a contract of sale for the purchase of such multiple dwelling which was recorded prior to such date;
(B) such owner was not the owner of such multiple dwelling during any period of time in which such harassment occurred and did not at such pilot program building (i) otherwise engage or participate in such harassment; or (ii) with intent that harassment be performed, agree with one or more persons to engage in or cause the performance of harassment; or (iii) with intent that another person engage in conduct constituting harassment, solicit, request, command, importune or otherwise attempt to cause such person to engage in conduct constituting harassment; and
(C) such owner acquired title pursuant to a bona fide transaction that is not intended to evade the provisions of this section; or
(2) the owner acquired the multiple dwelling by sale pursuant to foreclosure of a mortgage or pursuant to a deed in lieu of foreclosure of a mortgage; provided, however, that such conveyance was a bona fide transaction for the purpose of enforcing the debt and not intended to evade the provisions of this section and either:
(i) a certification of no harassment or waiver thereof was granted with respect to such multiple dwelling within a sixty day period prior to the date of the recording of such mortgage and no suspension or rescission thereof was recorded prior to such date; or
(ii) such mortgage was recorded prior to November 29, 2017 or, if such owner is a banking organization as defined in section 2 of the banking law, a national banking association, a federal savings and loan association, the mortgage facilities corporation, savings banks life insurance fund, the savings banks retirement system, an authorized insurer as defined in section 4 of the insurance law, or a trust company or other corporation organized under the laws of this state all the capital stock of which is owned by at least 20 savings banks or by at least 20 savings and loan associations or a subsidiary corporation all of the capital stock of which is owned by such trust company or other corporation, a commitment for such mortgage was made prior to such date.
(3) In determining whether a transaction described in this subdivision was bona fide, the commissioner may consider whether at such pilot project building or any other multiple dwelling such owner did (i) otherwise engage or participate in harassment; or (ii) with intent that harassment be performed, agree with one or more persons to engage in or cause the performance of harassment; or (iii) with intent that another person engage in conduct constituting harassment, solicit, request, command, importune or otherwise attempt to cause such person to engage in conduct constituting harassment. The commissioner may also consider the relationship between the parties to the transaction.
(4) A waiver of a certification pursuant to this subdivision shall state the findings of the commissioner.
Editor’s note: Section 5 of L.L. 2018/001 provides: “This local law takes effect 270 days after it becomes a law except that the departments of housing preservation and development and the department of buildings may promulgate rules or take other administrative action for the implementation of this local law prior to such date. This local law shall remain in effect for 36 months, after which it is deemed repealed. Notwithstanding the repeal of this local law, the provisions of this local law shall remain in effect for any pilot program building which submits an application for construction document approval pursuant to section 28-505.4 of the administrative code of the city of New York, as added by section three of this local law, prior to the repeal of such section. This local law shall not apply to work relating to applications for construction document approval filed with the department of buildings prior to the inclusion of a building on the pilot program list pursuant to subdivision b of section 27-2093.1 of the administrative code of the city of New York, as added by section two of this local law.”
§ 27-2094 Inspection of one- and two-family dwellings; voluntary registration of owner-occupant.
(1) An identification of the premises by street number or by such other description as will enable the department to locate the dwelling; and
(2) An identification of the owner by name, residence and business address; and
(3) A statement that he or she is the owner-occupant of the premises.
§ 27-2095 Service of notices and orders.
(1) By delivering a copy of such notice or order to such person directly, or if it is directed to a corporation, by delivering a copy thereof to any officer or managing agent of such corporation personally; or
(2) By delivering a copy of such notice or order to any person of suitable age and discretion at the residence or place of business of the person to whom it is directed, or if it is directed to a corporation, at any office of such corporation; or
(3) (i) If service is to be made on an owner of a dwelling, by mailing a copy of such notice or order to the latest business or residence address of such owner as set forth in any registration statement filed by such owner with the department under the applicable provisions of article two of this subchapter;
(ii) If service is to be made on a managing agent of any such dwelling designated under the applicable provisions of article two of this subchapter, by mailing a copy thereof to the latest business or residence address of such managing agent set forth in any such registration statement or designation filed by the owner of such dwelling;
(iii) If service is to be made on an owner of a dwelling who has not filed such a registration statement in relation to such dwelling, or on a managing agent of any such dwelling who has not been designated under the applicable provisions of article two of this subchapter, by posting a copy of such notice or order in a conspicuous place in such dwelling, or by delivering a copy thereof to any person of suitable age and discretion in charge of or apparently in charge of such dwelling, or by mailing a copy thereof to such owner or managing agent at the last known business or residence addresss of such owner or managing agent.
§ 27-2096 False statements punishable.
§ 27-2096.1 Application forms; languages required.
Application form. The term “application form” means any application form or corresponding instruction materials that the department uses to select persons to whom it will provide services.
Mandatory language. The term “mandatory language” means English and any covered language, as defined by subdivision j of section 8-1002*.
Optional language. The term “optional language” means any language other than a mandatory language.
§ 27-2096.2 Median asking rents.
By no later than September 1, 2019 and by September 1 of every year thereafter, the commissioner shall, upon the availability of a statistically significant and representative sample of data, submit to the mayor and the speaker of the council, and publish online, a listing of median asking rents for dwelling units, disaggregated by community district and, if such data is available in a statistically significant and representative sample, by the number of bedrooms.
Article 2: Registration
§ 27-2097 Registration; time to file.
(1) For every existing multiple dwelling. A registration statement filed by the present owner of a dwelling pursuant to the requirements of the prior law shall constitute compliance with this section.
(2) Prior to the issuance of a certificate of occupancy, for any multiple dwelling hereafter erected, or any dwelling or building hereafter altered or converted to a multiple dwelling.
(3) For all one- and two-family dwellings where neither the owner nor any family member occupies the dwelling and thereafter not later than ten days after the date neither the owner nor any family member occupies the dwelling. For purposes of this paragraph, “family member” shall mean an owner’s spouse, domestic partner, parent, parent-in-law, child, sibling, sibling-in-law, grandparent or grandchild.
(4) On or before July first, nineteen hundred eighty-four, for any garden-type maisonette dwelling project consisting of a series of dwelling units which together and in their aggregate are arranged or designed to provide three or more apartments, and are provided as a group collectively with all essential services such as, but not limited to, house sewers and heat, and which are operated as a unit under single ownership, notwithstanding that certificates of occupancy were issued for portions thereof as private dwellings.
(5) Within such time as provided in section 27-2099 of this article, in the case of a change of ownership where registration is required under this article.
§ 27-2098 Registration statement; contents.
(1) An identification of the premises by block and lot number, and by the street numbers and names of all streets contiguous to the dwelling, or by such other description as will enable the department to locate the dwelling. If the dwelling is a garden-type maisonette dwelling project required to register pursuant to paragraph four of subdivision (b) of section 27-2099 of this article, the owner who files the first registration statement with the department for such project shall list on the registration statement the street numbers for each dwelling in the project and shall designate an address by which the project dwellings are to be identified by the department.
(2) An identification of the owner by name, residence and business address. If the owner is a corporation, the identification shall include the name and address of such corporation together with the names, residences and business addresses of the officers. If the owner of a multiple dwelling is a corporation, the identification shall also include the names and addresses of any person whose share of ownership of the corporation exceeds twenty-five percent. For the purposes of this subdivision, any person owning a share of a parent corporation shall be deemed to be an owner of a share of a subsidiary corporation equal to the product of the percentage of his or her ownership of the parent corporation multiplied by the percentage of the parent corporation’s ownership of the subsidiary corporation. If the owner of a multiple dwelling is a partnership, the identification shall include the name and business address of such partnership together with the names and business addresses of each general partner and for each limited partner whose share of ownership of the partnership exceeds twenty-five percent, the names and business addresses of all such limited partners. If the owner is under the age of eighteen years or has been judicially declared incompetent, his or her legal representative shall file the registration statement.
(3) If the dwelling is a multiple dwelling, the name and address of a managing agent designated by the owner to be in control of and responsible for the maintenance and operation of such dwelling and to authorize, on behalf of the owner, the correction of any emergency conditions or the making of any emergency repairs for which the owner is responsible under the provisions of the multiple dwelling law or this code. To qualify for such designation, an agent shall be a natural person over the age of twenty-one years and shall reside within the city or customarily and regularly attend a business office maintained within the city. An owner or corporate officer who meets such qualifications may be designated to serve and registered as the managing agent.
(4) If the dwelling is a multiple dwelling or a one- or two-family dwelling where neither the owner nor any family member occupies the dwelling, the number of a telephone within the greater metropolitan area, as identified by the department, where an owner or officer, if the owner is a corporation, or the managing agent may reasonably be expected to be reached at all times. The telephone number contained in the registration statement shall not constitute a public record and shall be accessible only to duly authorized employees or officers of the department and used exclusively by such personnel in connection with an emergency arising on the premises for which the owner is responsible under the provisions of the multiple dwelling law or this code. The department may promulgate regulations to implement the provisions of this paragraph.
(5) If the dwelling is a one- or two-family dwelling and neither the owner nor any family member occupies the dwelling, the name and address of a natural person who is over the age of twenty-one years and a resident of the city, designated by the owner to receive service of notices, orders or summonses issued by the department.
(6) For the purposes of this section, a United States postal service mail delivery box, a mail delivery box maintained through a privately operated mail handling facility or the address at which any similar service is provided shall be deemed an invalid business address and the department shall not accept for filing any registration statement containing only such an address.
§ 27-2099 Registration statement; change of ownership or title.
(2) Where a notice or order is authorized or required under this code to be served by the department upon the last registered owner or last registered managing agent and the department has invalidated the last valid registration pursuant to paragraph one of this subdivision for the limited purpose of service of notices or orders, such service may be made by personal delivery of the notice or order to a person in direct or indirect control of the premises or by mailing a copy thereof to the attention of “owner” or “managing agent” at such dwelling; provided, however, that such manner of service is authorized only until such time as a valid registration is subsequently filed for the dwelling.
§ 27-2100 Registration statement; change of address.
An owner who is required to register under this article shall inform the department and shall amend his or her registration statement within five days if there is a change of address of the owner, a change in the list of officers of the owner corporation, or a change of address of any of such listed officers. No new filing fee shall be required for the amended registration statement.
§ 27-2101 Change of managing agent.
§ 27-2102 Registration statement; lease of an entire multiple dwelling.
§ 27-2103 Extension of time for registration.
In any case where the owner or other person required to file is unable to comply with the registration requirements within the applicable time period specified in this article, the department may, upon good cause shown, extend the registration period and waive the penalties for failure to register set forth in section 27-2107 of this article during such period.
§ 27-2104 Posting of serial number.
An identification sign containing the dwelling serial number assigned by the department for the purpose of identifying the registered multiple dwelling and the owner, managing agent, and agent designated by the owner for the collection of rental payments if different from the managing agent, shall be posted in every multiple dwelling in the manner and location prescribed by the department.
§ 27-2105 Identification of managing agent or owner and agent designated by the owner for the collection of rental payments if different from the managing agent to tenant.
§ 27-2106 Registration statement; proof of contents.
§ 27-2107 Failure to register; penalties.
§ 27-2108 Exemption of the city of New York, its agencies and the New York city housing authority.
The provisions of this article shall not be applicable to the city of New York, its agencies and the New York city housing authority.
§ 27-2109 Voluntary registration of mortgagees and lienors.
Any mortgagee or lienor may register with the department upon payment of an annual registration fee of twenty-five dollars and by filing a registration statement on forms to be prescribed by the department including the following information:
§ 27-2109.1 Notice by a mortgagee commencing an action to foreclose a mortgage on residential real property.
(a) 1. Any mortgagee that commences an action in a court of competent jurisdiction in the state of New York to foreclose a mortgage on residential real property within the city of New York shall provide notice to the department, in a form prescribed by the department, within fifteen days of service of the pleadings commencing such action. If such action was commenced before the effective date of the local law that added this section, and remains pending as of such effective date, notification shall be provided within thirty days of such effective date, provided, however, that no notice shall be required for actions commenced prior to February 13, 2010, regardless of whether such action remains pending as of such effective date. Such notice shall include, but need not be limited to, the following information: (i) the name of the mortgagee plaintiff commencing such action and the mailing address, telephone number and e-mail address of such mortgagee plaintiff, and, when applicable, the name of a principal or corporate officer of such mortgagee plaintiff, and the mailing address, telephone number and e-mail address of such principal or corporate officer; (ii) the name of the defendant in such action; (iii) the identification of such residential real property by street address and block and lot number, (iv) the date of the commencement of such action, (v) the court in which such action was commenced, and (vi) such other information as the department may require by rule. For the purposes of this section, "mortgagee" shall mean any person that commences an action to foreclose a mortgage on residential real property including, but not limited to, a lender, assignee or mortgage loan service provider that commences such an action.
2. A mortgagee shall notify the department within fifteen days of the discontinuance of an action for which notice pursuant to paragraph one of this subdivision has been received by the department, the issuance of a judgment in such action, or the sale of the real property as a result of such action.
3. The department shall maintain on its website a list of all properties with twenty or more units, identified by block and lot number along with the name, mailing address and telephone number of the mortgagee plaintiff and the name of the defendant for which notice pursuant to paragraph one of this subdivision has been received. Such list shall be updated at a minimum on the first business day of each month. The department shall report on its website each three months: (i) the total number of foreclosure actions commenced during the immediately preceding three months for which notice pursuant to paragraph one of this subdivision has been received by the department, disaggregated by community district; and (ii) the total number of foreclosure actions pending, for which notice pursuant to paragraphs one and two of this subdivision has been received by the department, disaggregated by community district. The department shall provide the information provided to it pursuant to paragraphs one and two of this subdivision to one or more agencies for which the department determines that such information furthers such agency or agencies’ duties, including but not limited to the enforcement of section 28-210.1 of this code or related provisions, and to any other city agency upon request by such agency.
§ 27-2109.2 Online portfolio report of registered property owners.
The department shall maintain through the department’s website a publicly accessible electronic interface that reports portfolio information based on the name of a property owner. The report shall be based on the last valid information registered with the department pursuant to section 27-2097. Such report shall include (i) the address of each registered property owned by such registered owner; (ii) the current number of outstanding violations issued by the department, disaggregated by class, for each property; (iii) the number of findings of harassment currently on record with the department; and (iv) the number and types of departmental orders pending on each property. The department may provide the aggregate data used to create such website to the public advocate upon request in a form that permits automated processing and downloading.
Article 3: Speculation Watch List
§ 27-2109.51 Definitions.
For the purposes of this article:
Capitalization rate. The term “capitalization rate” means, with respect to a multiple dwelling, the quotient obtained when the net operating income of such multiple dwelling, as calculated by the department of finance, is divided by the sale price of such multiple dwelling’s most recent arms-length sale.
Qualified transaction. The term “qualified transaction” means a multiple dwelling sale transaction as defined by department rule pursuant to subdivision b of section 27-2019.52.*
§ 27-2109.52 Speculation watch list.
1. The speculation watch list established pursuant to this article;
2. The criteria for inclusion on such list promulgated pursuant to subdivision b; and
3. The capitalization rate for each qualified transaction in a non-proprietary format that permits automated processing, to the extent that the disclosure of such information is not prohibited by any other provisions of law.
Subchapter 5: Legal Remedies and Enforcement
Article 1: Enforcement Actions and Proceedings In General
§ 27-2110 Style of legal actions by department; disposition of moneys collected.
§ 27-2111 Moneys collected by department payable to special repair fund.
All penalties and all other moneys recovered for costs, expenses and disbursements that are reimbursable under this code for the repair or rehabilitation of a dwelling shall be paid into a separate fund in the treasury of the city. Such fund shall be available to the department for the purpose of meeting the costs, expenses and disbursements for the repair or rehabilitation of dwellings pursuant to the provisions of this code.
§ 27-2112 Liability of the department for costs.
Neither the city nor the department nor any officer or employee thereof shall be liable for costs in any action or proceeding brought under this code.
§ 27-2113 Notice of pendency of action.
§ 27-2114 Responsibility of stockholders of corporations owning multiple dwellings declared nuisances.
Article 2: Civil Penalty
§ 27-2115 Imposition of civil penalty.
(a) A person who violates any law relating to housing standards shall be subject to a civil penalty of not less than ten dollars nor more than fifty dollars for each non-hazardous violation, not less than twenty-five dollars nor more than one hundred dollars and ten dollars per day for each hazardous violation, fifty dollars per day for each immediately hazardous violation, occurring in a multiple dwelling containing five or fewer dwelling units, from the date set for correction in the notice of violation until the violation is corrected, and not less than fifty dollars nor more than one hundred fifty dollars and, in addition, one hundred twenty-five dollars per day for each immediately hazardous violation, occurring in a multiple dwelling containing more than five dwelling units, from the date set for correction in the notice of violation until the violation is corrected. A person wilfully making a false certification of correction of a violation shall be subject to a civil penalty of not less than fifty dollars nor more than two hundred fifty dollars for each violation falsely certified, in addition to the other penalties herein provided.
(1) ninety days from the date of mailing of the notice in the case of non-hazardous violations;
(2) thirty days from the date of mailing of the notice in the case of hazardous violations; and
(3) twenty-four hours in the case of immediately hazardous violations in which case the notice shall be served by personal delivery to a person in charge of the premises or to the person last registered with the city as the owner or agent, or, by registered or certified mail, return receipt requested, to the person in charge of the premises or to the person last registered with the department as the owner or agent; provided that where a managing agent has registered with the department, such notice shall be served on the managing agent. Service of the notice shall be deemed completed five days from the date of mailing. The department may postpone the date by which a violation shall be corrected upon a showing, made within the time set for correction in the notice, that prompt action to correct the violation has been taken but that full correction cannot be completed within the time provided because of technical difficulties, inability to obtain necessary materials, funds, or labor, or inability to gain access to the dwelling unit wherein the violation occurs or such other part of the building as may be necessary to make the required repair. In the case of immediately hazardous violations such showing must be made prior to the close of business on the next full day the department is open following the period set for correction. The department may condition such postponement upon the applicant’s written agreement to correct all violations placed against the premises by the department or other appropriate governmental agency and to satisfy within an appropriate period of time, all sums owing to the department for repairs made to said premises. The department may require such other conditions as are deemed necessary to insure correction of the violations within the time set by the postponement. The department shall prepare a written statement signed and dated by the person making such decision setting forth the reasons for the postponement of the date by which a violation shall be corrected or the reason for the denial of such application for postponement and said written statement shall be part of the record of the department.
(2) A copy of such certification shall then be mailed not more than twelve calendar days from the date of receipt of notification to any complainant by the department.
(3) Such violation shall be deemed corrected seventy days from the date of receipt of such certification by the department unless the department has determined by a reinspection made within such period that the violation still has not been corrected and has recorded such determination upon its records and has notified the person who executed the certification by registered or certified mail to the address stated in the certification that it has been set aside and the reasons therefor; a copy of such notice shall be sent to the complainant.
(4) If the department does not inspect the premises after notification by the complainant that a violation has not been corrected, any tenant affected by such false certification shall have the right to apply to the court for a determination of violation as provided in subdivision (h) of this section, at which time the court shall assess appropriate penalties as provided in this section for any wilfully false certification it finds.
(5) Upon receipt of notice that the certification has been set aside the owner or his or her agent shall then have a right to apply to the court for a determination that such violation was corrected. Notice of such right shall appear on each notice that a certification has been set aside.
(6) Notwithstanding the foregoing, in the event an owner files with his or her certification a copy of a contract of sale or letter of commitment for a mortgage or refinancing of a mortgage covering the premises and further certifies that such sale or mortgage transaction is to occur within one hundred days of such certification, such violation shall be deemed corrected thirty days from the date of receipt of such certification by the department, unless the department has determined by reinspection made within such period that the violation still has not been corrected, has recorded such determination upon its records and has given notice of such determination to the owner, and has thereafter brought an action within thirty days to set aside such certification, to impose a penalty for false certification and to collect such other penalties as have accrued, provided that in all such cases, the department shall make such reinspection.
(7) Failure to file such certification of compliance shall establish a prima facie case that such violation has not been corrected.
(8) (i) Notwithstanding any other provision of law, where (A) the department has performed two or more complaint-based inspections in the same dwelling unit within a twelve-month period, (B) each such inspection has resulted in the issuance of a hazardous or immediately hazardous violation, and (C) not all such violations have been certified as corrected pursuant to this section, the department may impose an inspection fee of two hundred dollars for the third and for each subsequent complaint-based inspection that it performs in such dwelling unit within the same twelve-month period that results in the issuance of a hazardous or immediately hazardous violation, provided that the department may by rule increase the fee for inspections performed during the period of October first through May thirty-first. Such inspection fee shall be in addition to any civil penalties that may be due and payable.
(ii) Such fee shall not be applicable to inspections (A) performed in a multiple dwelling that is active in the alternative enforcement program pursuant to article ten of subchapter five of this chapter, (B) performed in a multiple dwelling that is subject to a court order appointing an administrator as the result of a proceeding brought by the department pursuant to article seven-a of the New York state real property actions and proceedings law, (C) performed pursuant to subparagraph iv of paragraph one of subdivision k of this section, (D) resulting exclusively in hazardous or immediately hazardous violations for inoperable smoke detectors, inoperable carbon monoxide detectors, double cylinder locks on entry doors of dwelling units, illegal window gates, absence of window guards, or such other hazardous or immediately hazardous violations that the department specifies by rule or (E) where an owner has notified the department of his or her objection to such fee pursuant to section 27-2129 of this code, has provided such documentation to the department as it shall prescribe by rule regarding such owner’s attempted access for the purpose of making repairs to the dwelling unit that is subject to the inspection fee, and the department has reviewed and approved such objection.
(iii) All fees that remain unpaid shall constitute a debt recoverable from the owner and a lien upon the premises, and upon the rents and other income thereof. The provisions of article eight of subchapter five of this chapter shall govern the effect and enforcement of such debt and lien.
(2) (i) Notwithstanding the provisions of paragraph one of this subdivision, where one or more allegations of harassment pursuant to subparagraphs b, c and g of paragraph 48 of subdivision a of section 27-2004 of this chapter is made, to the extent that any such allegation is based on physical conditions of a dwelling or dwelling unit, such allegation must be based at least in part on one or more violations of record issued by the department or any other agency. Where any allegation of harassment is based on more than one physical condition, the existence of at least one violation of record with respect to any such physical condition shall be deemed sufficient to meet the requirements of this paragraph.
(ii) The provisions of subparagraph i of this paragraph shall apply to any counterclaim or defense presented by a tenant in any proceeding in the housing part of the civil court if such counterclaim or defense is based on one or more allegations of harassment. In the event there is no violation of record with respect to at least one physical condition alleged by such tenant such counterclaim or defense shall be dismissed without prejudice.
(ii) Notwithstanding the provisions of subparagraph (i) of this paragraph and section 27-2116 of this chapter, the civil penalties set forth in subparagraph (i) of this paragraph shall be deemed satisfied for a first violation of section 27-2028, subdivision a of section 27-2029, section 27-2031 or section 27-2032 of this chapter if a notice, in a form prescribed by the department, that such violation has been corrected by the owner or an agent or employee of the owner within twenty-four hours of the affixing of the notice of such violation pursuant to paragraph two of this subdivision, and a payment of two hundred fifty dollars, are submitted to the department within ten days of affixing the notice of such violation. A person who submits a false notice of correction shall be subject to a civil penalty of not less than two hundred fifty dollars for each false notice of correction, in addition to the other penalties herein provided. If the notice of correction and payment are not received within such ten-day period then the penalties set forth in subparagraph (i) of this paragraph shall be applicable to such violations and the department may commence a proceeding for an order to correct and to recover such penalties in accordance with this section and section 27-2116 of this chapter. A person who has violated section 27-2028, subdivision a of section 27-2029, section 27-2031 or section 27-2032 of this chapter may allege as a defense or in mitigation of liability for civil penalties, compliance with the notice of correction and payment requirements of this subparagraph in any proceeding brought by the department seeking civil penalties under this subdivision. The process for submission of the notice of correction and payment set forth in this subparagraph shall not be available if a violation of section 27-2028, section 27-2031 or section 27-2032 of this chapter occurred at the same dwelling or multiple dwelling during the prior calendar year or, in the case of subdivision a of section 27-2029 of this chapter, if a violation of such subdivision occurred at the same dwelling or multiple dwelling during the prior period of October first through May thirty-first.
(iii) Notwithstanding any other provision of law, within five business days from the date of receipt of the notice of correction by the department, the department shall mail to the occupant of any dwelling unit for which such violation was issued notification that the owner has submitted a notice of correction for such violation. The notification to the occupant shall include information on when the violation was reportedly corrected and how the occupant may object to such notice of correction. In addition, the provisions of paragraphs 4 and 5 of subdivision f of this section shall also be applicable to a notice of correction submitted in compliance with subparagraph (ii) of this paragraph.
(iv) Notwithstanding any other provision of law, a person who, after inspection by the department, is issued an immediately hazardous violation for a third or any subsequent violation of section 27-2028, section 27-2031 or section 27-2032 of this chapter at the same dwelling or multiple dwelling within the same calendar year or, in the case of subdivision a of section 27-2029 of this chapter, at the same dwelling or multiple dwelling within the same period of October first through May thirty-first, shall be subject to a fee of two hundred dollars for each inspection that results in the issuance of such violation as well as any civil penalties that may be due and payable for the violation, provided, however, that such fee shall not be applicable to inspections performed in a multiple dwelling that is included in the alternative enforcement program pursuant to article ten of subchapter five of this chapter. All fees that remain unpaid shall constitute a debt recoverable from the owner and a lien upon the premises, and upon the rents and other income thereof. The provisions of article eight of subchapter five of this chapter shall govern the effect and enforcement of such debt and lien.
(2) Notwithstanding any other provision of law, the department shall serve a notice upon the owner, his or her agent or other person responsible for the correction of violations by affixing such notice in a conspicuous place on the premises. The notice shall identify the condition constituting the violation, the provision of law applicable thereto, the date the violation was reported and set the penalty attendant thereto.
(3) Notwithstanding any other provision of law, the owner shall be responsible for the correction of all violations placed pursuant to article eight of subchapter two of this code, but in an action for civil penalties pursuant to this article may in defense or mitigation of such owner’s liability for civil penalties show:
(i) That the condition which constitutes the violation did not exist at the time the violation was placed; or
(ii) That he or she began to correct the condition which constitutes the violation promptly upon discovering it but that full correction could not be completed expeditiously because of technical difficulties, inability to obtain necessary materials, funds or labor, or inability to gain access to the dwelling unit wherein the violation occurs, or such other portion of the building as might be necessary to make the repair; or
(iii) That he or she was unable to obtain a permit or license necessary to correct the violation, provided that diligent and prompt application was made therefor; or
(iv) That the violation giving rise to the action was caused by the act or negligence, neglect or abuse of another not in the employ or subject to the direction of the owner; or
(v) That in addition to any other defense or mitigation set forth in subparagraphs (i) through (iv) of this paragraph, with respect to an owner who may be subject to the penalty of not less than five hundred nor more than one thousand dollars per day with respect to a subsequent violation pursuant to paragraph one of this subdivision, documentation of prompt and diligent efforts to correct the conditions that gave rise to an initial violation and that such conditions were corrected. Where demonstrated, such subsequent violation shall be treated as though it was an initial violation. However, this defense or mitigation may not be asserted or demonstrated where the initial and subsequent violations occurred in the same calendar year or, in the case of violations of subdivision a of section 27-2029, during the same period of October first through May thirty-first.
Where the aforesaid allegations are made by way of mitigation of penalties, the owner shall show, by competent proof, pertinent financial data, and efforts made to obtain necessary materials, funds or labor or to gain access, or to obtain a permit or license and such other evidence as the court may require.
If the court finds that sufficient mitigating circumstances exist, it may remit all or part of any penalties arising from the violation, but may condition such remission upon a correction of the violation within a time period fixed by the court.
(2) Notwithstanding any other provision of law, the notice of violation shall direct that the correction of each violation cited therein shall be certified to the department. Such certification shall be made in writing, under oath by the registered owner, a registered officer or director of a corporate owner or by the registered managing agent. Such certification shall include a statement that the violation was corrected in compliance with paragraph one of subdivision a of section 27-2056.11 of this code and shall include a copy of the lead-contaminated dust clearance test results. All certifications shall be delivered to the department and acknowledgment of receipt therefor obtained or shall be mailed to the department by certified or registered mail, return receipt requested, no later than five days after the date set for correction, and shall include the date when each violation was corrected. Such certification of correction shall be supported by a sworn statement by the person who performed the work if performed by an employee or agent of the owner. A copy of such certification shall be mailed to the complainant by the department not more than twelve full calendar days from the date of receipt of such certification by the department. Failure to file such certification shall establish a prima facie case that such violation has not been corrected.
(3) Whenever the department shall issue a notice of violation to correct a condition that constitutes a violation of section 27-2056.6 of article fourteen of subchapter two of this chapter, the department shall within fourteen days after the date set for the correction of such violation conduct a final inspection to verify that the violation has been corrected. Where, upon conducting an inspection, the department determines that a violation has not been corrected, the department shall correct such violation within forty-five additional days of such inspection or in such shorter time as is practicable.
(4) Notwithstanding any other provision of law, the department shall not remove a violation from its records nor shall it be deemed that such violation has been corrected unless the records of the department contain written verification that the department has conducted a final inspection of the premises and that such inspection verifies that the violation has been corrected, and copies of lead-contaminated dust clearance test results whenever such tests are required by applicable law, rule or regulation. A copy of the report of the final inspection of a dwelling unit and the status of the violation shall be mailed or delivered to the occupant and the owner.
(5) Notwithstanding any other provision of law, a person making a false certification of correction of a violation issued pursuant to article 14 of subchapter 2 of this chapter, in addition to any other civil penalty, shall be subject to a civil penalty of not less than one thousand dollars nor more than three thousand dollars for each false certification made, recoverable by the department in a civil action brought in a court of competent jurisdiction. If the person making such false certification is an employee of the owner then such owner shall be responsible for such civil penalty. In addition, any such person making a false certification of correction shall be guilty of a misdemeanor punishable by a fine of up to one thousand dollars or imprisonment for up to one year or both.
(6) Notwithstanding any other provision of law, a person who violates article fourteen of subchapter two of this chapter by failing to correct such violation in accordance with paragraph one of subdivision a of section 27-2056.11 of this code shall be subject to a civil penalty of two hundred fifty dollars per day for each violation to a maximum of ten thousand dollars from the initial date set for correction in the notice of violation until the date the violation is corrected and certified to the department, and in addition to any civil penalty shall, whenever appropriate, be punished under the provisions of article three of subchapter five of this code. There shall be a presumption that the condition constituting a violation continues after the service of the notice of violation. The owner shall be responsible for the correction of all violations noticed pursuant to article fourteen of subchapter two of this chapter, but in an action for civil penalties pursuant to this subdivision may in defense or mitigation of such owner’s liability for civil penalties show:
(i) That the condition which constitutes the violation did not exist at the time the violation was placed; or
(ii) That he or she began to correct the condition which constitutes the violation promptly upon discovering it but that full correction could not be completed expeditiously because of serious technical difficulties, inability to obtain necessary materials, funds or labor, or inability to gain access to the dwelling unit wherein the violation exists, or such other portion of the building as might be necessary to make the repair, provided that a postponement was granted pursuant to this subdivision; or
(iii) That he or she was unable to obtain a permit or license necessary to correct the violation, provided that diligent and prompt application was made therefor; or
(iv) That the violation giving rise to the action was caused by the act of negligence, neglect or abuse of another not in the employ or subject to the direction of the owner, except that the owner shall be precluded from showing in defense or mitigation of such owner’s liability for civil penalties evidence of any acts occurring, undertaken, or performed by any predecessor in title prior to the owner taking control of the premises. Where the aforesaid allegations are made by way of mitigation of penalties, the owner shall show, by competent proof, pertinent financial data and efforts made to obtain necessary materials, funds or labor or to gain access, or to obtain a permit or license and such other evidence as the court may require.
If the court finds that sufficient mitigating circumstances exist, it may remit all or part of any penalties arising from the violations, but may condition such remission upon a correction of the violation within a time period fixed by the court.
(7) Notwithstanding any other provision of law, failure by the department to comply with any time period provided in this section relating to responsibilities of the department shall not render null and void any notice of violation issued by the department or the department of health and mental hygiene pursuant to such article or section, and shall not provide a basis for defense or mitigation of an owner’s liability for civil penalties for violation of such article.
(2) If a court of competent jurisdiction finds that conduct in violation of subdivision d of section 27-2005 of this chapter has occurred, it may determine that a class c violation existed at the time that such conduct occurred. Notwithstanding the foregoing, such court may also issue an order restraining the owner of the property from violating such subdivision and direct the owner to ensure that no further violation occurs, in accordance with section 27-2121 of this chapter. Such court shall impose a civil penalty in an amount not less than two thousand dollars and not more than ten thousand dollars for each dwelling unit in which a tenant or any person lawfully entitled to occupancy of such unit has been the subject of such violation, and such other relief as the court deems appropriate, provided that where a petitioner establishes that there was a previous finding of a violation of subdivision d of section 27-2005 against such owner and such finding was made (i) within the preceding five year period and (ii) on or after the effective date of the local law that added this clause, such court shall impose a civil penalty in an amount not less than four thousand dollars and not more than ten thousand dollars. It shall be an affirmative defense to an allegation by a tenant of the kind described in subparagraphs b, c and g of paragraph forty-eight of subdivision a of section 27-2004 of this chapter that (i) such condition or service interruption was not intended to cause any lawful occupant to vacate a dwelling unit or waive or surrender any rights in relation to such occupancy, and (ii) the owner acted in good faith in a reasonable manner to promptly correct such condition or service interruption, including providing notice to all affected lawful occupants of such efforts, where appropriate.
(3) An owner may seek an order by the court enjoining a tenant from initiating any further judicial proceedings against such owner pursuant to this section claiming harassment without prior leave of the court if (i) within a ten-year period such tenant has initiated two judicial proceedings pursuant to this section against such owner claiming harassment that have been dismissed on the merits and (ii) a third or subsequent proceeding initiated by such tenant against such owner pursuant to this section claiming harassment during such ten-year period is determined at the time of its adjudication to be frivolous. Except for an order on consent such order may be sought by such owner simultaneously with the adjudication of such third or subsequent judicial proceeding.
(4) Where the court determines that a claim of harassment by a tenant against an owner is so lacking in merit as to be frivolous, the court may award attorneys fees to such owner in an amount to be determined by the court.
(5) Nothing in paragraphs three or four of this subdivision shall be construed to affect or limit any other claims or rights of the parties.
(6) After a court of competent jurisdiction has issued a finding that conduct in violation of subdivision d of section 27-2005 of this chapter has occurred, the department, if it receives notice of such finding, shall post on its website, no later than ninety days after having received notice of such finding, the following information for each such finding: (i) the address of the building containing the dwelling unit that was the subject of such violation; (ii) the name of the property owner; (iii) the civil penalty imposed for such violation; (iv) the date such penalty was imposed; and (v) whether an order restraining the owner of such unit from violating subdivision d of section 27-2005 of this chapter was issued.
(o)* In any action brought by a lawful occupant or group of lawful occupants under subdivision h of this section for a violation of subdivision d of section 27-2005 of this chapter, the housing part shall, in addition to any other relief such court determines to be appropriate, award to each such occupant (i) compensatory damages or, at the election of such occupant, one thousand dollars and (ii) reasonable attorneys’ fees and costs. Such court may also, at its sole discretion, award punitive damages.
(o)* (1) Notwithstanding any other provision of law, when the department serves a notice of violation to correct and certify a condition that constitutes a violation of article four of subchapter two of this chapter, the notice of violation shall specify the date by which the violation shall be corrected as provided in such article, and the procedure by which the owner, for good cause shown pursuant to this subdivision, may request a postponement. The notice of violation shall further specify that the violation shall be corrected in accordance with section 27-2017.8 and the rules established pursuant to section 27-2017.9, where applicable. The notice of violation shall be served by personal delivery to a person in charge of the premises or to the person last registered with the department as the owner or agent, or by registered or certified mail, return receipt requested, or by certified mail with proof of delivery, to the person in charge of the premises or to the person last registered with the department as the owner or agent; provided that where a managing agent has registered with the department, such notice of violation shall be served on the managing agent. Service of the notice of violation shall be deemed completed five days from the date of mailing. Notification, in a form to be determined by the department, of the issuance of such violation shall be sent simultaneously by regular mail to the occupant at the dwelling unit that is the subject of such notice of violation.
(2) Notwithstanding any other provision of law, the notice of violation shall direct that the correction of each violation cited therein shall be certified to the department. Such certification shall be made in writing or electronically, under oath by the registered owner, a registered officer or director of a corporate owner or by the registered managing agent. Such certification shall include a statement that the violation was corrected in compliance with section 27-2017.8, where applicable, and the rules established pursuant to section 27-2017.9, where applicable. All certifications shall be delivered to the department and acknowledgment of receipt therefore obtained or shall be mailed to the department by certified or registered mail, return receipt requested, no later than five days after the date set for correction, or submitted electronically within five days after the date set for correction, and shall include the date when each violation was corrected. Such certification of correction shall be supported by a sworn statement saying that the violation was properly corrected by the person who performed the work if performed by an employee or agent of the owner. Notification of such certification shall be mailed to the complainant by the department not more than twelve full calendar days from the date of receipt of such certification by the department. Failure to file such certification shall establish a prima facie case that such violation has not been corrected.
(3) Whenever the department shall issue a notice of violation to correct a condition that constitutes a hazardous or immediately hazardous violation of subdivision a of section 27-2017.3 the department shall conduct a final inspection to verify that the violation has been corrected. Where the department determines that the violation has not been corrected, the department may take such enforcement action as is necessary, including performing or arranging for the performance of the work to correct the violation.
(4) Notwithstanding any other provision of law, a person making a false certification of correction of a violation issued pursuant to article four of subchapter two of this chapter, in addition to any other civil penalty, shall be subject to a civil penalty of not less than two thousand dollars nor more than ten thousand dollars for each false certification made, recoverable by the department in a civil action brought in a court of competent jurisdiction. If the person making such false certification is an employee of the owner then such owner shall be responsible for such civil penalty. In addition, any such person making a false certification of correction shall be guilty of a misdemeanor punishable by a fine of up to one thousand dollars or imprisonment for up to one year or both.
(5) Notwithstanding any other provision of law, and in addition to any penalties applicable under article three of subchapter five of this chapter, a person who violates article four of subchapter two of this chapter by failing to correct such violation in accordance with the work practices in section 27-2017.8 and in the rules established pursuant to section
(i) That the condition which constitutes the violation did not exist at the time the violation was placed; or
(ii) That he or she began to correct the condition which constitutes the violation promptly upon discovering it but that full correction could not be completed expeditiously because of serious technical difficulties, inability to obtain necessary materials, funds or labor;
(iii) That he or she was unable to gain access to the dwelling unit wherein the violation exists, or such other portion of the building as might be necessary to make the repair, provided that a postponement was granted pursuant to this subdivision; or
(iv) That he or she was unable to obtain a permit or license necessary to correct the violation, provided that diligent and prompt application was made therefore; or
(v) That the violation giving rise to the action was caused by the act of negligence, neglect or abuse of another not in the employ or subject to the direction of the owner, except that the owner shall be precluded from showing in defense or mitigation of such owner’s liability for civil penalties evidence of any acts occurring, undertaken, or performed by any predecessor in title prior to the owner taking control of the premises. Where the aforesaid allegations are made by way of mitigation of penalties, the owner shall show, by competent proof, pertinent financial data and efforts made to obtain necessary materials, funds or labor or to gain access, or to obtain a permit or license and such other evidence as the court may require. If the court finds that sufficient mitigating circumstances exist, it may remit all or part of any penalties arising from the violations, but may condition such remission upon a correction of the violation within a time period fixed by the court.
(6) Notwithstanding any other provision of law, failure by the department to comply with any time period provided in this section relating to responsibilities of the department shall not render null and void any notice of violation issued by the department or the department of health and mental hygiene pursuant to such article or section, and shall not provide a basis for defense or mitigation of an owner’s liability for civil penalties for violation of such article
§ 27-2116 Enforcement of civil penalty; powers of housing part of the civil court, collection of judgment.
(a) The department may bring an action in the housing part of the New York city civil court for the recovery of civil penalties, together with costs and disbursements. Leave of court, obtained by motion to the housing part thereof, shall be required for disclosure or for a bill of particulars, except for a notice under section three thousand one hundred twenty-three of the civil practice law and rules, which shall be granted only upon a showing that such disclosure or bill of particulars is necessary to the prosecution or defense of the action. If it is so noted on the summons, any motion for disclosure or a bill of particulars must be made in writing and on notice and must be filed with the clerk with proof of service no later than thirty days after joinder of issue.
(1) That the violation or violations were corrected within the time specified in the notice of violation and the certificate of compliance was duly filed; or
(2) That the violation did not exist at the time the notice of violation was served; or in mitigation or remission of his or her liability for civil penalties show:
(i) That he or she began to correct the violation promptly upon receipt of the notice of violation, but that its full correction could not be completed within the time provided because of technical difficulties, inability to obtain necessary materials, funds or labor, or inability to gain access to the dwelling unit wherein the violation occurs, or such other portion of the building as might be necessary to make the repair; or
(ii) That he or she was unable to obtain a permit or license necessary to correct the violation, provided that diligent and prompt application was made therefor; or
(iii) That the violation giving rise to the action was caused by the act or negligence, neglect or abuse of another not in the employ or subject to the direction of the defendant. Where the aforesaid allegations are made by way of mitigation of penalties, the owner shall show, by competent proof, pertinent financial data, and efforts made to obtain necessary materials, funds or labor or to gain access, or to obtain a permit or license and such other evidence as the court may require. If the court finds that sufficient mitigating circumstances exist, it may remit all or part of any penalties arising from the violation, but may condition such remission upon a correction of the violation within a time period fixed by the court.
§ 27-2117 Stay of accumulation of per diem penalties during pendency of action.
(a) In any action for penalties under this article, the defendant may move at any time before the trial of the case for an order to stay the further accumulation of the per diem penalty from the day the action is commenced until the same is finally terminated by judgment or otherwise, including the time necessary for judicial review. The housing part of the civil court shall grant the motion if the defendant shows to the satisfaction of the court that there is a substantial and real issue of fact or law concerning the existence of the violation charged. The court may impose such conditions on the granting of the motion as justice may require.
Article 3: Criminal Penalty
§ 27-2118 Penalties; willful or reckless violations; false statements.
(a) Any person who
(1) Willfully or recklessly violates any provisions of this chapter; or
(2) Willfully or recklessly violates, or fails to comply with, any requirement of an order of the department; or
(3) Willfully makes, or causes any other person to make, any false or misleading statement on any registration statement, notice, or other document required to be filed pursuant to this chapter, or on any application, or any accompanying document, for the granting of any permit or any other action by the department pursuant to this chapter, shall be guilty of a misdemeanor punishable by a fine of not less than ten dollars nor more than one thousand dollars for each such violation, or by imprisonment up to one year, or by both such fine and imprisonment.
§ 27-2119 Penalties; refusal to admit and interference with inspection; failure to submit reports.
Any person (1) who refuses entry, or access to an officer or inspector of the department to any premises or part thereof that the officer or inspector is lawfully authorized to inspect, or who unreasonably interferes with an authorized inspection; or (2) who fails to file any report or other paper which such person is required to file, under this code, except a statement of registration or other paper under article two of subchapter four of this chapter, shall be guilty of an offense, punishable by a fine of not more than fifty dollars, or by imprisonment for not more than thirty days, or by both such fine and imprisonment.
Article 4: Injunctive Relief
§ 27-2120 Injunctions; mandatory and prohibitory.
§ 27-2121 Injunctive relief in other actions; powers of the court.
In any action or proceeding brought in the housing part of the New York city civil court, the court, on motion of any party or on its own motion, may issue such preliminary, temporary or final orders requiring the owner of property or other responsible person to abate or correct violations of this code, or to comply with an order or notice of the department, or to take such other steps as the court may deem necessary to assure continuing compliance with the requirements of this code, including direction of correction of violations of this code by a contractor, materialman or municipal department and payment of rent or release of funds deposited with the court in an appropriate amount to (i) such contractor or materialman upon the proper presentation of bills for the correction of such conditions or (ii) such municipal department.
§ 27-2122 Preliminary injunctions.
Upon application by the department pursuant to section six thousand three hundred eleven of the civil practice law and rules supported by affidavit setting forth the facts showing the reasons therefor, a court of competent jurisdiction, or any judge of such court, may issue a preliminary order to correct or abate violations of this code, or to comply with an order or notice of the department, as the court may deem necessary to protect the health and safety of the occupants of a building until the entry of a final judgment or order.
§ 27-2123 Court order of access to inspect premises.
§ 27-2124 Failure to comply with judicial order.
A person who fails to comply with an order issued pursuant to this article by a court of competent jurisdiction or by a judge of such a court shall be punished in accordance with section five thousand one hundred four of the civil practice law and rules and article nineteen of the judiciary law.
Article 5: Repairs By Department
§ 27-2125 Power to cause or order corrections of violations.
(1) correct such conditions, or
(2) order the owner of the dwelling or other responsible party to correct such conditions.
§ 27-2126 Registration of lead paint violations; enforcement. [Repealed]
§ 27-2128 Recovery of expenses.
All expenses incurred by the department pursuant to section 27-2125 or section 27-2127 of this article shall constitute a debt recoverable from the owner and a lien upon the building and lot, and upon the rents and other income thereof. The provisions of article eight of this subchapter shall govern the effect and enforcement of such debt and lien.
§ 27-2129 Statement of account.
Whenever the department has incurred expenses for the repair of a dwelling or for the elimination of any dangerous or unlawful conditions therein, pursuant to this article or any other provision of the administrative code or any other applicable provision of law, the department, its authorized representative, or the department of finance may send to the owner or his or her designee in the manner provided in section 11-129 of the administrative code a statement of account with the expense incurred and a demand for payment thereof. If the owner does not notify the department in writing of his or her objection to the first statement of account containing such charge before the date that such charge becomes due and payable as provided in subdivision b of section 27-2144 of article eight of this subchapter, such owner may not in any subsequent judicial or administrative proceeding contest the expense contained in such statement. The department will only review such objections that are received by it in writing on or prior to the due and payable date for the charge provided on the second statement of account containing such charge.
§ 27-2129.1 Report on certain elevators referred to the department.
In December 2016 and in each December thereafter, the department shall submit to the mayor and the speaker of the council, and make publicly available online, a report on the multiple dwellings that were referred to the department during such fiscal year pursuant to section 28-219.4 of the administrative code, containing, at a minimum:
Article 6: Receivership
§ 27-2130 Grounds for appointment of receiver.
Whenever the department certifies that any condition in violation of this chapter or other applicable law in any multiple dwelling or any part of its premises constitutes a serious fire hazard or is a serious threat to life, health or safety, it may, upon failure of the owner to comply with an order to correct such conditions issued pursuant to section 27-2125 of article five of this subchapter, apply for the appointment of a receiver to repair and correct the violations.
§ 27-2131 Notice to owner, mortgagees and lienors.
§ 27-2132 Order to show cause.
§ 27-2133 Temporary appointment of receiver.
§ 27-2134 Proceedings on return of order to show cause.
§ 27-2135 Powers and duties of receiver.
§ 27-2136 Discharge of receiver.
The receiver shall be discharged upon rendering a full and complete accounting to the court when the repairs and improvements herein authorized are completed and the cost thereof and all other costs authorized herein have been paid or reimbursed from the rents and income of the dwelling and the surplus money, if any, has been paid over to the owner or the mortgagee or lienor as the court may direct. However, at any time, the receiver may be discharged upon filing his or her account as receiver without affecting the right of the department of housing preservation and development to its lien. Upon the completion of the repairs and improvements, the owner, the mortgagee or any lienor may apply for the discharge of the receiver upon payment to the receiver of all moneys expended by him or her therefor and all other costs authorized by section 27-2135 of this article which have not been paid or reimbursed from the rents and income of the dwelling.
§ 27-2137 Recovery of expenses of receivership; lien of receiver.
§ 27-2138 Obligations of owner not affected.
Nothing herein contained shall be deemed to relieve the owner of any civil or criminal liability incurred or any duty imposed by law by reason of acts or omissions of the owner prior to the appointment of a receiver, nor shall anything contained herein be construed to suspend during the receivership any obligation of the owner for the payment of taxes or other operating and maintenance expenses of the dwelling nor of the owner or any other person for the payment of mortgages or liens.
Article 7: Vacate Orders
§ 27-2139 Power to order dwelling vacated.
§ 27-2140 Content and effect of vacate order.
2. If the department has not revoked or extended the order pursuant to subdivision b of section 27-2142 of this article, where such dwelling is a class B multiple dwelling or a class A multiple dwelling used for single room occupancy pursuant to section two hundred forty-eight of the multiple dwelling law, the owner of such dwelling shall be subject to a civil penalty of five thousand dollars for each dwelling unit which is included in said order. The fine shall be recoverable by the department by civil action in a court of appropriate jurisdiction. Such action must be commenced or notice of pendency filed within one year of the effective date of the vacate order.
§ 27-2141 Notice.
§ 27-2142 Reoccupancy after vacate order.
Article 8: Recovery of Expenses
§ 27-2143 Action against the owner for recovery of expenses.
The department may bring an action against the owner of a dwelling for the recovery of any costs, expenses and disbursements incurred by it under any provision of the administrative code making such expenses a debt recoverable from the owner. The institution of any such action shall not suspend or bar the right to pursue any other remedy provided by law for the recovery of such expenses, and such action may, subject to jurisdictional limitations, be joined with the enforcement of any such other remedy or any other claim against the owner relating to the same premises.
§ 27-2144 Lien on premises.
§ 27-2145 Establishment of lien.
The department shall include among its records a statement that such expenses were necessary and proper in the exercise of its lawful powers. Such statement may be made and maintained electronically.
§ 27-2146 Validity of lien; grounds for challenge.
(1) The lawfulness of the repair or other work done; or
(2) The propriety and accuracy of the expense for which a lien is claimed, except as provided in this section.
§ 27-2147 Levy on rents.
(1) a statement of the contents of the certificate filed pursuant to section 27-2145 of this article, or of a judgment in an action under section 27-2116 of article two of this subchapter or section 27-2143 of this article or in an action to enforce a lien under this article;
(2) a statement of the amount remaining due under such certificate or judgment; and
(3) a demand that rent thereafter be paid to the department as it comes due. Service of the notice shall be made by personal delivery of a copy thereof, or by certified mail.
§ 27-2148 Appointment of receiver.
Article 9: Withdrawal of Single Room Occupancy Dwelling Units from the Rental Market Prohibited
§ 27-2150 Definitions.
For the purposes of this article the terms single room occupancy multiple dwelling and single room occupancy dwelling unit shall be as defined in subdivision b of section 27-198.2 of the code.
§ 27-2151 Withdrawal of single room occupancy dwelling units from the rental market prohibited.
1. any single room occupancy multiple dwelling which is exempted or for which an application for exemption from the provisions of subdivisions a and c of section 27-198.2 of the code has been filed pursuant to paragraphs one, two, or three of subdivision d of section 27-198.2; provided, however, that the provisions of this section shall apply to a single room occupancy multiple dwelling on and after the sixtieth day after the date that an application for exemption pursuant to such paragraphs of such subdivision is denied.
2. any single room occupancy dwelling unit with respect to which a payment has been made or a replacement unit has been provided pursuant to subparagraph a of paragraph four of subdivision d of section 27-198.2 of this code.
3. any single room occupancy multiple dwelling for which an application for reduction in payment or replacement units has been made pursuant to subparagraph (b) of paragraph four of subdivision d of section 27-198.2 has been made; provided, however, that an owner shall be required to maintain the same level of occupancy in such multiple dwelling which existed on September twelfth, nineteen hundred eighty-six and provided, further, that the provisions of this section shall apply to such dwelling on and after the sixtieth day after such application is denied.
§ 27-2152 Enforcement.
1. for the revocation of the notice of violation and order on the ground that the condition alleged to constitute the violation did not exist at the time the violation was placed. The department may grant such revocation upon the presentation of proof satisfactory to the department; or
2. for an extension of the time for correction. The department may, upon good cause shown, including consideration of the complexity of repairs which may be necessary to make the dwelling unit habitable, grant such extension for such period of time that it deems appropriate.
2. In addition to the civil penalties provided in paragraph one of this subdivision any owner who willfully makes a false certification that a violation has been corrected shall be subject to a civil penalty of not less than two hundred fifty dollars nor more than one thousand dollars for each dwelling unit or units which are the subject of the notice of violation. Such owner shall also be guilty of a misdemeanor punishable by a fine of not less than two hundred fifty dollars nor more than one thousand dollars, or by imprisonment up to six months, or by both such fine and imprisonment.
3. Such civil penalties may be recovered by the city in an action in any court of competent jurisdiction. A judgment obtained in such an action shall constitute a lien against the premises with respect to which the violation occurred from the time of the filing of a notice of pendency in the office of the clerk of the county in which such premises is situated. A notice of pendency may be filed at the time of the commencement of the action or at any time before final judgment or order.
2. The city may make application for the appointment of a receiver in accordance with the procedures contained in article six of this subchapter. Any receiver appointed pursuant to this paragraph shall be authorized, in addition to any other powers conferred by law, to effect compliance with the provisions of this article. Any expenditures incurred by the receiver to effect such compliance shall constitute a debt of the owner and a lien upon the building and lot, and upon the rents and income thereof, in accordance with the procedures contained in such article six. The city in its discretion may provide funds to be expended by the receiver, and such funds shall constitute a debt recoverable from the owner in accordance with article eight of this subchapter.
Article 10: Alternative Enforcement Program
§ 27-2153 Alternative Enforcement Program.
The department shall establish an alternative enforcement program and identify distressed buildings for participation in such program. Notwithstanding any other provision of law, the department shall enforce violations of this code and the multiple dwelling law pursuant to such program, as follows:
(i) twenty-seven or more open hazardous or immediately hazardous violations of record which were issued by the department within the two-year period prior to identification of the building for such program; and
(ii) a ratio of open hazardous and immediately hazardous violations which were issued by the department within the two-year period prior to identification of the building for such program that equal in the aggregate five or more such violations for every dwelling unit in the multiple dwelling; and
(iii) unpaid emergency repair charges, including liens, in a ratio of one hundred or more dollars for each dwelling unit in the multiple dwelling which were incurred within the two-year period prior to identification of the building for such program.
(i) twenty-five or more open hazardous or immediately hazardous violations which were issued by the department within the two-year period prior to identification of the building for such program; and
(ii) a ratio of open hazardous and immediately hazardous violations which were issued by the department within the two-year period prior to such identification that equal in the aggregate five or more such violations for every dwelling unit in the multiple dwelling; and
(iii) unpaid emergency repair charges, including liens, in a ratio of one hundred or more dollars for each dwelling unit in the multiple dwelling which were incurred within the two-year period prior to such iden- tification.
(i) in a multiple dwelling that contains not less than three and not more than nineteen units, a ratio of open hazardous and immediately hazardous violations which were issued by the department within the two-year period prior to such identification that equals in the aggregate five or more such violations for every dwelling unit in the multiple dwelling, and in a multiple dwelling that contains not less than twenty units, a ratio of open hazardous and immediately hazardous violations which were issued by the department within the two-year period prior to such identification that equals in the aggregate three or more such violations for every dwelling unit in the multiple dwelling; and
(ii) paid and unpaid emergency repair charges, including liens, which were incurred within the two-year period prior to such identification, of two thousand five hundred or more dollars in a multiple dwelling that contains not less than three and not more than nineteen units, and paid and unpaid emergency repair charges, including liens, which were incurred within the two-year period prior to such identification, of five thousand or more dollars in a multiple dwelling that contains twenty or more units.
(2) Notwithstanding the provisions of paragraph one of this subdivision, in the sixth year of such program, and for each succeeding year, the department shall identify no fewer than two hundred different distressed buildings for participation in the alternative enforcement program and may by rule revise criteria related to the ratio of open hazardous and immediately hazardous violations per dwelling unit and the amount or ratio per dwelling unit of paid and unpaid emergency repair charges which must exist for a building to qualify for participation in the program.
(3) Notwithstanding the provisions of paragraphs one and two of this subdivision, in the ninth year of such program, and for each succeeding year, the department shall identify no fewer than two hundred fifty different distressed buildings for participation in the alternative enforcement program and may by rule set criteria for such buildings to participate in the program, which may include, but need not be limited to: the ratio of open hazardous and immediately hazardous violations per dwelling unit, the amount or ratio per dwelling unit of paid or unpaid emergency repair charges and the number of dwelling units that must exist for a building to qualify for participation in the program. The department may by rule add to the criteria set forth in subdivision e of this section relating to which buildings are to be excluded from the program.
(2) Notwithstanding the criteria set forth in subdivisions a, b, and c of this section, a multiple dwelling that is the subject of a loan provided by or through the department or the New York city housing development corporation for the purpose of rehabilitation, as provided in rules of the department, and that has closed within the past two years, shall not be included in the alternative enforcement program, provided further, that a multiple dwelling that has been included in the alternative enforcement program and becomes the subject of such a loan that closes within the first four months after the building has been included in the alternative enforcement program, shall be discharged from such program.
(2) Within fifteen days after receiving notice from the department in accordance with paragraph one of this subdivision, or such later date as the department may specify in such notice, the owner of a building identified for participation in the alternative enforcement program shall post a sign on the building’s main entrance door, or in another conspicuous location in the common area of the building, stating (i) that the building has been placed in the alternative enforcement program, (ii) that occupants may call 311 or the program’s direct line to make complaints about the conditions in their units or in the common areas, (iii) the name, telephone number and address of the owner and (iv) the identity of the financial institution that holds the mortgage on the property, if any. Such sign shall be in English, Spanish and in any other language the department may require by rule. Upon request of a tenant occupying a dwelling unit in the building, the owner shall make best efforts to provide the sign in a language other than English or Spanish. The owner shall maintain such sign until he or she receives written notice from the department that the building has been discharged from the alternative enforcement program. An owner who fails to comply with the requirement to post and maintain a sign pursuant to this subdivision shall be liable for a penalty of two hundred fifty dollars.
(ii) With respect to mold violations, the owner of a building participating in the alternative enforcement program shall correct such violations by investigating and correcting identified moisture problems prior to or as part of the mold removal work; informing building occupants about commencement of mold removal work; providing building occupants with a copy of the department of health and mental hygiene’s brochure about mold and requiring, to the extent practicable, occupants to leave the work area before work begins; removing, or securely covering with plastic sheeting, any difficult-to-clean surfaces or items in the immediate work area before mold removal work begins; ensuring that all mold removal work is done in a manner that minimizes the dispersion of dust and debris from the work area into other parts of the dwelling; removing and throwing away porous materials that contain mold growth and that cannot be cleaned, or materials that are saturated with water and that cannot be dried; discarding any plastic sheeting, materials with mold growth, and used sponges, mop heads and cleaning wipe cloths in sealed heavy-duty plastic bags; cleaning any remaining visible dust from the mold removal work using wet cleaning methods or by HEPA-vacuuming and cleaning mold growth with soap or detergent and water, not bleach or other biocide solutions. When such mold removal work has been completed, such owner shall document all corrective actions taken for identifying and repairing moisture sources and mold removal work methods that were used, inform occupants of the building that if mold growth or moisture recurs they should inform the building owner, and shall provide a certification to the department that such actions have been taken.
(iii) With respect to vermin violations, the owner of a building participating in the alternative enforcement program shall correct such violations by eliminating conditions conducive to vermin infestation, including but not limited to, areas allowing access to vermin, leaking plumbing, and uncontained garbage and debris, and eliminating sources of water and food for pests. Owners shall inform building occupants about the commencement of pest management treatment and provide occupants with a copy of the department of health and mental hygiene’s brochure on controlling pests safely. Owners shall request that occupants support the pest management treatment by preparing the kitchen, bathroom and other areas as needed and that occupants be available to listen to advice on how to maintain pest-free conditions, including clean up, food storage, management of garbage, and selection of safer pest control products. Such owner shall also address such violations by utilizing pesticide applications or devices as permitted by state and federal law. No person may perform pesticide applications unless that person is a certified applicator pursuant to article 33 of the environmental conservation law or is supervised by a certified applicator. An owner shall caulk and seal small holes less than four inches in diameter, cracks and crevices in or in between walls, cabinets, floors, and in other locations where vermin may gain access. A HEPA-vacuum shall be utilized in kitchens and bathrooms, including in cracks, crevices and appliances in such rooms. When such pest management work has been completed, such owner shall document all corrective actions taken to address vermin violations including work methods and products used, provide information to occupants of the building about ways to control pests safely, inform building occupants that they should report recurrent or persistent pest problems to the owner, and provide a certification to the department that such actions have been taken. In addition, for a multiple dwelling in which vermin infestation is indicated the owner of such multiple dwelling shall submit a pest management plan indicating continuing pest control measures to the department of health and mental hygiene for approval which must be approved by such department prior to the discharge of such building from the program.
(ii) Except as provided in subdivision l of this section, the failure by an owner to substantially comply with the provisions of subdivision i of this section, or pay all outstanding charges, including liens, for emergency repair work, if any, or enter into an agreement with the department of finance to pay such charges and liens, or validly register the building in accordance with article two of subchapter four of chapter two of this title, where applicable, shall result in the building remaining in the alternative enforcement program, and such building shall continue to be subject to the fees and other requirements applicable to such program. Upon such failure, the department shall notify such owner that the building has not been discharged from the alternative enforcement program.
(ii) The department shall: (1) within thirty days of the filing of such order prepare a scope of work necessary to correct the violations and repair the related underlying conditions as are specified in such order; (2) cause repair work to be commenced and expeditiously completed unless there are circumstances beyond the control of the department such as: the inability to obtain access to the building or any part thereof necessary for the making of such repairs in which case the repairs related to the portion of the building to which access could not be obtained may be delayed until access is obtained; or the inability to obtain necessary legal approvals, materials or labor; or there is ongoing litigation with respect to the building that prevents such work from being performed by the department; or the owner undertakes the repair work in a manner that is satisfactory to the department; or commencement or completion of the work is not practicable because a vacate or similar order has been issued by the department or any city agency and/or the cost of performing work necessary for restoring the building pursuant to the order is economically infeasible; and (3) monitor repair work as it is performed in accordance with subdivision m of this section. For the purposes of this subdivision, “economically infeasible” shall mean a determination by the department that the cost of repairing a particular building exceeds the anticipated market value of such building after all repairs have been completed. However, any determination by the department that, for the purposes of this subdivision, repairs to a particular building would be economically infeasible for the department to undertake, shall not take into consideration the owner’s conduct with respect to the building.
(iii) When the department causes repair work to be commenced in accordance with paragraph ii of this subdivision, in a multiple dwelling in which vermin infestation is indicated, vermin violations shall be corrected in accordance with paragraph iii of subdivision i of this section. The department shall also require the owner of such multiple dwelling to submit to the department of health and mental hygiene for their approval a pest management plan indicating continuing pest control measures. Such plan must be approved by the department of health and mental hygiene prior to the discharge of such building from the program.
(1) the program’s cost effectiveness, including the amount of fees collected;
(2) whether the criteria established pursuant to subdivisions a, b or c of this section were appropriate and if not, how they should be adjusted;
(3) whether the monitoring undertaken by the department is appropriate and if not, what modifications should be made;
(4) an evaluation of the use of the work practices identified in paragraph ii of subdivision i of this section to address mold conditions including the reoccurrence of mold;
(5) for those multiple dwellings in which a building-wide inspection was conducted, an assessment of whether mold was identified in such multiple dwellings and whether the criteria for the issuance of a violation for mold should be revised or enhanced as a result;
(6) an evaluation of the use of the work practices identified in paragraph iii of subdivision i of this section to address vermin conditions;
(7) information on the compliance levels achieved by multiple dwellings which remain in the program for failure to achieve substantial compliance and recommendations on how to achieve higher compliance levels for those multiple dwellings; and
(8) for those multiple dwellings that were discharged from the program, information on the number of such buildings that were able to correct all identified violations prior to discharge or that were able to achieve a higher compliance level than required by this program in order to be discharged and an assessment of why such buildings were able to achieve such results. Such study shall also include recommendations as to whether the program should be continued or modified in any way and the reasons therefore.
Subchapter 1: General Provisions and Definitions
§ 27-3001 Short title.
This chapter shall be known and may be cited as the “electrical code”.
§ 27-3002 Purpose.
Since there is danger to life and property inherent in the use of electrical energy, the electrical code is enacted to regulate the business of installing, altering or repairing wiring and appliances for electrical light, heat, power, signaling, communication, alarm or data transmission in the city of New York and the licensing of all persons who engage in such business.
§ 27-3003 Construction.
This chapter shall be liberally construed to accomplish its purpose. Words used herein which have jacquired a particular meaning in the usage of the electrical trades shall be construed as understood in the trade.
§ 27-3003.1 Areas of special flood hazard and shaded X-Zones.
Electrical work performed on structures located in areas of special flood hazard and shaded X-Zones, as defined in section G201.2 of the New York city building code, shall also comply with the provisions of appendix G of the New York city building code. Where, in any specific case, the provisions of this code conflict with the provisions of appendix G of the New York city building code, the more restrictive shall govern.
§ 27-3004 Definitions.
Unless otherwise expressly stated, the following terms, whenever used in this chapter or in any rule or reference standard promulgated pursuant to this chapter, shall mean:
CITY AGENCY: A city, county, borough, or other office, position, administration, department, division, bureau, board or commission, or a corporation, institution or agency of government, the expenses of which are paid, in whole or in part, from the city treasury.
COMMISSIONER: The commissioner of buildings.
DEPARTMENT: The department of buildings.
DIRECT EMPLOY: Direct employment shall be evidenced by payroll records, such as social security payments, income tax withholding or the disbursement of other funds as required by law for the benefit of such employee, timekeeping records, such as time cards and sign-in sheets, work orders, and assignment or route logs.
DIRECT SUPERVISION: Control exercised by a licensed individual, either personally or through one or more demonstrated levels of competent supervision over individuals (i) in the direct employ of a master electrician’s business or (ii) in the direct employ of an individual, partnership, corporation or city agency employing a special electrician. Direct supervision includes field inspection, supervision of job sites, and the maintenance of records of such supervision and such other records required by the commissioner.
ELECTRICAL WORK: The installation, alteration, maintenance, or repair of electric wires and wiring apparatus and other appliances used or to be used for the transmission of electricity for electric light, heat, power, signaling, communication, alarm or data transmission.
EMPLOYEE: An individual who is on the payroll of an employer and who under the usual common law rules applicable in determining the employee-employer relationship has the status of an employee. Such term shall not include an independent contractor.
JOURNEYMAN ELECTRICIAN: An individual who has demonstrated a progressive understanding, proficiency and competence in the electrical trade, which shall include:
LOW VOLTAGE ELECTRICAL WORK: The installation, alteration, maintenance or repair of electrical wiring that is designed to operate at less than fifty volts for signaling, communication, alarm, and data transmission circuits except that such term shall not include the installation, alteration, maintenance or repair, regardless of voltage, of any such wiring which connects to, is a part of or is located within:
LOW VOLTAGE INSTALLER: An individual who is certified by the commissioner to act as the representative of a business entity authorized pursuant to this chapter and the rules of the department to perform low voltage electrical work in or on any building, premises or lot in the city. An individual so certified shall have full responsibility on behalf of such business entity for the manner in which such work is done and for the selection, supervision and control of employees of such business entity who perform such work. Such individual shall be an employee of the business entity which he or she represents and shall supervise, direct and be responsible for only the work of the employees of such business entity. Such individual shall not represent more than one business entity.
MASTER ELECTRICIAN BUSINESS: A sole proprietorship, partnership or corporation authorized by the commissioner to engage in or carry on, as an independent contractor and as its regular business, the business of performing electrical work in or on any building, premises or lot in the city under a license issued to a master electrician.
MASTER ELECTRICIAN’S LICENSE: The license issued to an individual who has passed the required examination and tests and who otherwise qualifies for the issuance of such license pursuant to this chapter. An individual who holds such license shall be known as a master electrician.
RESPONSIBLE REPRESENTATIVE: A master electrician who has the authority to make final determinations and who has full responsibility on behalf of a master electrician business for the manner in which electrical work is done and for the selection, supervision and control of all employees of such business who perform such work. A partnership or corporation shall designate one master electrician who is a partner of such partnership or an officer of such corporation to be the responsible representative of such partnership or corporation. The proprietor of a sole proprietorship shall be the responsible representative of such sole proprietorship. A master electrician shall not be the responsible representative of more than one partnership or corporation and shall file for, supervise, direct and be responsible for only the work of such partnership or corporation. If the master electrician business is in the form of a sole proprietorship, only the master electrician who owns such business shall be the responsible representative of such business and shall file for, supervise, direct and be responsible for only his or her own work and the work of his or her employees. Notwithstanding the foregoing provisions, where the department has issued a violation notice for work performed by an unlicensed person or work performed without the required permit and where such work is otherwise in compliance with the electrical code and the electrical code technical standards, a responsible representative may file an application for a permit or take any other actions with respect to such work directed by the department to address the violation.
SPECIAL ELECTRICIAN’S LICENSE: The written authorization of the commissioner to an individual who is an employee of an individual, a partnership or a corporation owning, leasing or managing a building, buildings or parts thereof to perform electrical work in or on specific buildings, lots or parts thereof owned, leased or managed by such individual, corporation or partnership. An individual who has obtained such authorization shall be known as a special electrician. A special electrician shall determine the method of doing the work in or on such buildings and shall have sole responsibility for supervising and directing the employees of such owner, lessee or manager who perform such work. A special electrician shall not supervise the work of individuals who are not employees of the owner, lessee or manager of the buildings on which the special electrician is authorized by his or her license to perform electrical work. A special electrician’s license shall not authorize the holder to engage in or carry on the business of performing electrical work as an independent contractor.
SPECIAL PERMISSION: The written approval of the commissioner in circumstances involving the exercise of his or her discretion and in circumstances not covered by this chapter.
§ 27-3005 Jurisdiction, powers and duties of the commissioner.
1. Promulgate rules respecting the installing, altering, maintaining or repairing of (i) electric wires and wiring apparatus and other appliances used or to be used for the transmission of electricity for electric light, heat, power, signaling, communication, alarm or data transmission and (ii) low voltage electrical wiring in or on any building, premises or lot in the city of New York.
2. Cause any wiring or appliances for electrical light, heat or power to be examined and inspected, and the approval thereof to be certified in writing,
(a) by an officer or employee of the department designated by him or her for that purpose, or
(b) by any inspection agency certified by the commissioner in accordance with rules promulgated by the commissioner, or
(c) when such wiring or appliances are located in a building owned by the city or any city agency, (i) by a licensed professional engineer, or (ii) by a person with a baccalaureate degree in electrical engineering, or (iii) by any person who holds the job title of electrical inspector or any job title equivalent thereto, as classified by the commissioner of citywide administrative services pursuant to section eight hundred fourteen of the charter; provided, however, that such licensed professional engineer or person with a baccalaureate degree in electrical engineering or person holding the job title of electrical inspector shall not have performed the work to be inspected and shall be an officer or employee of the city agency which contracted for such work.
3. Order the remedying of any defect or deficiency in the installing, altering or repairing of electric wires and wiring apparatus and other appliances used or to be used for the transmission of electricity for electric light, heat, power, signaling, communication, alarm or data transmission.
4. Cause any order issued by him or her which has not been complied with to be enforced and to take any civil or criminal proceedings or actions for its enforcement.
5. Order any person or corporation engaged in supplying electrical energy to discontinue such supply as specified in such order if the wiring or appliances for electric light, heat, power, signaling, communication, alarm or data transmission shall be dangerous to persons or property therein.
6. (a) Promulgate rules fixing the date, scope and subject matter of examinations of applicants to become licensed as master electricians and special electricians and, upon recommendation of the license board, promulgate rules respecting the issuance, suspension and revocation of such licenses.
(b) Promulgate rules fixing the date, scope and subject matter of examinations of applicants for certification as low voltage installer and respecting the issuance, suspension and revocation of such certification.
7. Appoint, in accordance with the rules of the department and at his or her discretion, special boards or committees to provide advice or assistance in the implementation, interpretation, variation or amendment of any provision of the electrical code or the electrical code technical standards or any rule promulgated pursuant to this chapter.
8. Promulgate rules regarding the issuance of approvals for the use of electrical appliances and materials and the granting of special permission to use wiring or appliances in cases involving the exercise of his or her discretion and in cases not covered by this chapter.
9. Designate as prescribed in section 14-106 of title fourteen of the code, with the consent of the police commissioner, certain electrical inspectors as special patrolmen of the police department. Such special patrolmen shall possess powers to perform the duties of and be subject to the orders, rules and regulations of the police department in the same manner as regular patrolmen. Each special patrolman shall have a badge and card, as furnished by the police department. He or she shall have power to issue summonses returnable in the New York city criminal court, covering violations of this chapter.
§ 27-3006 Federal and state buildings.
Nothing in this chapter shall be construed to apply to any building, the electrical equipment of which is under the control of the United States of America or the state of New York or of any department, bureau or officer thereof.
§ 27-3007 City departments.
The various departments, boards and officers of the city shall be subject to the provisions of this chapter.
§ 27-3008 Public service corporations.
1. Electrical equipment used exclusively for the operation of railroads, railways and trackless trolleys, or
2. Installations, including associated lighting, under the exclusive control and use of electric utilities for the purpose of communications, metering, generation, control transformation, transmission or distribution of electric energy. Such installations shall be located in buildings used exclusively by utilities for such purpose, in buildings in enclosures containing only metering equipment, outdoors on property owned or leased by the utility, on public highways, streets or roads or outdoors on private property by established rights such as easements, or
3. Communication equipment used exclusively for communicating or signal purposes provided that such equipment is installed by and under the exclusive control and use of communications utilities subject to the jurisdiction of the public service commission and is located outdoors or in building spaces used only for such equipment.
§ 27-3009 Master electrician’s and special electrician’s license board.
1. Two officers or employees of the department.
2. Two licensed master electricians actively engaged in the trade.
3. A journeyman electrician.
4. An electrical inspector in the employ of an inspection agency certified by the commissioner.
5. An electrician in the employ of a public service corporation of the city.
6. A registered architect or licensed professional engineer of at least five years experience.
7. A real estate owner or manager.
§ 27-3010 Qualification and Examination of applicants for master electrician’s and special electrician’s licenses.
1. A journeyman electrician who has worked at least seven and one-half (71/2) years and during such time a minimum of ten thousand five hundred (10,500) hours of such experience must have been obtained by working with his or her tools on the installation, alteration and repair of wiring and appliances for light, heat and power in or on buildings or comparable facilities, or
2. A graduate of a college or university who holds a degree in electrical engineering, either a master of science (M.S.) or bachelor of science (B.S.) and has in addition worked at least (i) with respect to an applicant with an M.S. degree, two and one-half (21/2) years and during such time a minimum of thirty-five hundred (3500) hours of such experience or, (ii) with respect to an applicant with a B.S. degree, three and one-half (31/2) years and during such time a minimum of forty-nine hundred (4900) hours of such experience must have been obtained by working with his or her tools on the installation, alteration and repair of wiring and appliances for electric light, heat and power in or on buildings or comparable facilities, or
3. A graduate of a vocational, industrial, trade school, or apprenticeship program[,] registered with the New York state department of labor, specializing in electrical wiring, installation and design or applied electricity, who has worked at least five and one-half (51/2) years and during such time a minimum of seventy-seven hundred (7700) hours of such experience must have been obtained by working with his or her tools on the installation, alteration and repair of wiring and appliances for electric light, heat and power in or on buildings or comparable facilities, or
4. Any person who attended courses in a college or university leading to a degree in electrical engineering, mechanical engineering, bachelor of science in electrical engineering or mechanical engineering, who passed all subjects in the required courses shall be credited with satisfactory experience equal to fifty per cent (50%) of the number of curricula years he or she has satisfactorily completed which, in no event, however, shall exceed two and one-half (21/2) years credit of satisfactory experience, the balance of the required seven and one-half (71/2) years, i.e., five (5) years and during such time a minimum of seven thousand (7000) hours of such experience must have been obtained by working with his or her tools on the installation, alteration and repair of wiring and apparatus for light, heat and power in or on buildings or comparable facilities, or
5. Any person who attended courses in a vocational, industrial or trade school, registered with the New York state department of labor, specializing in electrical wiring, installation and design or applied electricity who has passed all subjects in the required courses shall be credited with fifty per cent (50%) of the number of curricula years that he or she has satisfactorily completed which, however, in no event, shall exceed two (2) years credit of such experience, the balance of the required seven and one-half (71/2) years, i.e., five and one-half (51/2) years of such experience and during such time a minimum of seventy-seven hundred (7700) hours must have been obtained by working with his or her tools on the installation and repair of wiring for electric light, heat and power in or on buildings or comparable facilities, or
6. An employee of a government agency, private inspection agency or other entity, acceptable to the commissioner, whose duties primarily involve the inspection of electrical work for compliance with the electrical code and the electrical code technical standards and/or other laws relating to the installation, alteration or repair of electrical wiring or appliances shall be credited with fifty percent (50%) of the number of years that he or she has been satisfactorily employed in such duties within the ten (10) year period prior to application, which, however, in no event, shall exceed two and one-half (2 1/2) years credit of satisfactory experience. The balance of the required seven and one-half (7 1/2) years, i.e., five (5) years and during such time a minimum of seven thousand (7000) hours of such experience must have been obtained by working with his or her tools on the installation, alteration and repair of wiring and appliances for electric light, heat and power in or on buildings or comparable facilities except that the requirement of subdivision a of this section that an applicant’s working experience must have been within the ten (10) year period prior to application shall not apply to such balance of five (5) years working experience required pursuant to this paragraph.
1. Every application for a master electrician’s or special electrician’s license shall be made in writing in such form and shall furnish such information as the commissioner may, from time to time, prescribe, and set forth in the rules of the department. It is a condition of the license that information in the application be kept correct and current. Any change in required information that occurs prior to the issuance of the license shall be reported to the department within fourteen days of the change.
2. Every applicant shall be required to take an examination in accordance with the rules of the department. However, where the application is on behalf of a city agency, the commissioner may waive the examination requirement if the applicant has sufficient experience qualifications of a type and duration comparable to those set forth in subdivision a of this section as determined by the commissioner.
3. Every applicant shall submit to such investigation by the license board as may be proper to determine the applicant’s character and fitness. Every applicant shall commence the application process with the department within one year of passing the examination for licensure and shall furnish to the department a completed application within one year of submission of the first filing. Failure to provide all requested documents in a timely manner will constitute an incomplete application and may result in denial of the license.
4. Every applicant shall be required to submit such documentation as is required to establish a place of business within ninety days after the license board’s recommendation that the applicant has the required character and fitness for licensure. Where all requested documents are not provided in a timely manner an application will be deemed incomplete and may result in the denial of the license.
§ 27-3011 Application for a license. [Repealed]
1. Every master electrician business shall at all times have a place of business at a specified address in the city at which the licensee may be contacted by the public and the department by mail, telephone or other modes of communication, located in a business zone in conformity with the zoning regulations and kept open during the usual business hours unless other means acceptable to the commissioner is provided.
2. At such place of business, there shall at all times be prominently displayed a permanent sign of a minimum size of one hundred fifty square inches, stating the name of such license holder, the license number of such licensee, and the words “licensed electrician” or “licensed electrical contractor” on a plate glass window and the name of the master electrician business if different than the name of the license holder; or an outside sign of permanent construction fastened and readily visible to pedestrians; or if such place of business be an office, commercial or industrial building, the names shall be indicated on the entrance door of the particular portion of the premises or on a bulletin board on the main floor.
3. All business vehicles, advertising, websites and stationery used in connection with electrical work required to be performed under a license issued to a master electrician shall display prominently the words “N.Y.C. Licensed Electrician”, the license number of the responsible representative of such business and of all other master electricians associated with such business, the authorization number of the master electrician business and the business address. If the business is conducted under a trade name, or is a partnership or corporation, the trade name, partnership, or corporate name shall contain the root word “electric” and be displayed prominently.
4. The applicant for approval of a master electrician business under a license issued to a master electrician shall have filed with the commissioner, in such form as the commissioner may direct, proof that such applicant carries all insurance required by law including, but not limited to, workers’ compensation, disability and one million dollars of general liability insurance listing the department as certificate holder, and that the applicant business is financially responsible. Each policy of insurance shall contain a provision of continuing liability notwithstanding any recovery under such policy.
5. The applicant shall indicate the name and license number of the master electrician who shall serve as the responsible representative of such business, and, if the business is a partnership or corporation, the names of all other master electricians associated with such business. Upon approval of such application the commissioner shall issue an authorization number to the business. The authorization number shall be included on all applications for permits and any other documents required to be filed with the department.
6. The office or other place where the master electrician business is to be conducted may be shared by one or more master electrician businesses. However, each business whether in the form of a sole proprietorship, partnership or corporation, shall distinguish its identity from any other business sharing the same office space. Such distinctions shall be maintained in a manner satisfactory to the department.
1. A master electrician business shall be principally engaged in the business of performing electrical work in or on buildings, premises or lots in the city.
2. In the case of a partnership or corporation, a master electrician’s license may be separately held by more than one partner or officer as a representative of such partnership or corporation; however, only one master electrician shall be the responsible representative of such corporation or partnership. Under no circumstances shall any one licensee represent more than one business at any one time.
3. A master electrician representing a master electrician business shall, during the hours the business is engaged in the performance of electrical work, devote his or her full time to the operation of such business.
4. (i) Applications for permits and any other document that the commissioner may require to be filed with the department, shall bear the stamp of the master electrician’s seal as well as the signature of the responsible representative of the master electrician business or, if the business is a partnership or corporation, such document may bear the stamp of the seal and the signature of a master electrician who files on behalf of such business acting pursuant to a written delegation, filed with the department, from the responsible representative of such business. For applications and other documents submitted electronically, the digital signature and imprint of the seal may be submitted in a manner authorized by the commissioner.
(ii) The responsible representative of a business may not delegate such authority to a master electrician who is not an officer of such corporation or a partner of such partnership. Such person shall personally sign applications for permits. The responsible representative of a business shall have the authority to make final determinations and shall have full responsibility for the manner in which the work is done, except that where work is done under a permit issued pursuant to an application bearing the signature and seal of a master electrician acting pursuant to a written delegation from the responsible representative of such business, both the responsible representative of such business and the master electrician who signed and affixed his or her seal to the application for such permit shall be jointly and severally responsible for the manner in which the work is done.
1. The holder of a master electrician’s license shall report in writing to the license board any change in the place of business within thirty (30) days of the change. If such change occurs prior to issuance of the license, an applicant shall report the change to the license board within fourteen (14) days of the change.
2. The approval of a master electrician business is valid only as long as the responsible representative identified on the application for approval of the master electrician business actively participates in the actual operation of the business. In the event a responsible representative leaves a master electrician business, both the representative and the business must notify the license board within thirty (30) days of the change.
(i) A corporation or partnership must notify the license board of the death of a responsible representative within thirty (30) days after such death. Failure to do so shall be deemed sufficient cause for suspending or revoking the approval to do business of the master electrician business or the license of the master electrician. The decedent licensee’s legal representative may, with the commissioner’s consent, retain the licensee’s license and seal for the purpose of completing all unfinished work of such licensee for which plans have been approved and permits issued, provided that such work is performed by or under the direct supervision of a licensed electrician.
(ii) Except as otherwise provided by rule, a master electrician business whether in the form of a corporation, a partnership or a sole proprietorship, may continue to engage in the business of performing electrical work only so long as the responsible representative of such business identified on the application for approval of the master electrician business remains an officer of such corporation, a partner of such partnership or the proprietor of such sole proprietorship unless the department approves a change in the responsible representative as provided in this section. The commissioner may promulgate rules providing for the continuation of a master electrician business pending the approval of a new responsible representative.
(iii) Except as otherwise provided in such rules, the revocation, suspension, license deactivation or non-renewal of the master electrician’s license of the responsible representative of a master electrician business automatically revokes its approval to do business and cancels any delegation of authority given by such responsible representative to another master electrician associated with such business pending the approval by the department of a new responsible representative.
3. Except as otherwise provided by rule, a master electrician business shall not change its name, form or designate a new responsible representative without the prior approval of the license board. Approval of an application for a change is conditional upon the following: filing the necessary forms, payment of the prescribed fee and full payment of all fees incurred with respect to such business prior to the date of the change. Except as otherwise provided by rule, a requested change shall not be approved if there are any outstanding fees related to the licensee’s or master electrician business’s professional dealings due and owing to the department or outstanding violation notices attributable to the licensee or the master electrician business.
4. A master electrician’s license and a special electrician’s license and seal shall not be held by any person at the same time.
5. The holder of a master electrician’s license, upon entering employment as a special electrician, shall deactivate his or her master electrician’s license and seal and change over to a special electrician’s license and seal to cover the building, buildings, or parts thereof, for which he or she will be employed.
6. Nothing in this chapter shall be construed to prevent two or more master electrician businesses from entering into a joint venture of limited duration for a particular project in accordance with the rules of the department. An application for a permit involving a joint venture shall so indicate on the application and shall identify all of the master electrician businesses that are parties to such joint venture by name and authorization number and the names and license numbers of the responsible representatives of such businesses. The application shall be signed by the responsible representative of one of the parties to the joint venture on behalf of all such parties and all of such parties shall be jointly and severally liable for any fees due with respect to electrical work performed by such joint venture and for violations of this chapter and the rules of the department arising out of such work.
§ 27-3013.1 Business establishments and special electricians.
1. A special electrician shall at all times have a place of business at a specified address in the city at which the licensee may be contacted by the department by mail, telephone or other modes of communication. His or her license shall plainly indicate the address or addresses of the building, buildings or parts thereof for which such license is issued.
2. The commissioner may issue more than one special license for a building or buildings if, in the commissioner’s judgment, he or she deems it necessary for the proper operation and maintenance of the electric wiring and equipment of the building or buildings involved.
1. A special electrician shall be principally engaged in the business of performing electrical work in or on buildings, premises or lots so authorized under the license.
2. The holder of a special electrician’s license shall report in writing any change in employment to the license board within thirty days of the change. If such change occurs prior to issuance of the license, an applicant shall report the change to the license board within fourteen days of the change.
3. Applications for permits and any other document that the commissioner may require to be filed with the department, shall bear the stamp of the special electrician’s seal as well as the signature of a person holding such license. Such person shall personally sign applications for permits and shall have the authority to make final determinations and full responsibility for the manner in which the work is done. For applications and other documents submitted electronically, the digital signature and imprint of the seal may be submitted in a manner authorized by the commissioner.
§ 27-3014 Master electrician’s and special electrician’s licenses and fees.
§ 27-3015 Renewal of master electrician’s and special electrician’s licenses.
1. Where an applicant can show good and sufficient cause for his or her inability to renew his or her license and seal before its expiration, the commissioner may, upon submission of a complete application for late renewal within ninety (90) days after the expiration of such license, permit the issuance, without examination, of a new license and seal upon payment of the prescribed fees for such new license and seal within said ninety days. The commissioner may promulgate rules authorizing the renewal of a license up to six months after the expiration of such license for extenuating circumstances.
2. No license shall be renewed and no new license and seal shall be issued unless all outstanding fees required by section 27-3018 of this code have been paid.
3. Renewal shall also be subject to the licensee’s good moral character. As provided in department rule, the licensee’s failure to clear open violations in a timely manner may result in the refusal to renew a license until the violations are resolved.
4. The commissioner may promulgate rules requiring applicants for the renewal of master or special electrician’s licenses to submit proof, in such form as he or she shall determine, that, in each year of the license term, such applicant completed at least eight hours of continuing education courses approved by the department. Such proof shall be submitted with the license renewal application.
§ 27-3016 Suspension, revocation or deactivation of master electrician’s and special electrician’s licenses and suspension or revocation of approval of master electrician business.
(i) Failure to file an application for a permit or inspection.
(ii) Failure, upon receipt of a notice of violation, to take the action called for in such notice.
(iii) Performance of electrical work in a manner contrary to the requirements of the electrical code, [or] the electrical code technical standards or other applicable laws and rules enforced by the department.
(iv) Negligence, incompetence, lack of knowledge, or disregard of the code and related laws and rules.
(v) Engaging or assisting in any act that endangers the public safety and welfare.
(vi) Contract work by holders of special electrician’s licenses.
(vii) Fraudulent dealing or misrepresentation.
(viii) Conviction of a criminal offense where the underlying act arises out of the individual’s professional dealings with the city or any other governmental entity.
(ix) False statement in an application for a license or the renewal of a license or in an application for approval of a master electrician business or other application or certification required by this code or the rules of the commissioner, or in any proof or instrument in writing in connection therewith.
(x) The making of a material false or misleading statement on any form or report filed with the department or other governmental entity.
(xi) The failure to file a statement, report or form required by law to be filed.
(xii) Willfully impeding or obstructing the filing of a statement, report or form of another required by law to be filed.
(xiii) Poor moral character that adversely reflects on the licensee’s fitness to conduct work regulated by this code.
(xiv) Failure to pay outstanding fees owed pursuant to section 27-3018 of this chapter.
(xv) Failure to comply with this code or any order, rule, or requirement lawfully made by the commissioner including failure to cooperate with investigations related to the electrical field conducted by the commissioner or other government entity.
(xvi) Failure to provide documents, including payroll records, workers’ compensation or other insurance documents, employee timekeeping records and corporate tax returns, required or requested by the commis- sioner.
2. Notwithstanding any inconsistent provision of paragraph one of this subdivision if, after due inspection, the commissioner determines that a licensee and/or a master electrician business has performed electrical work which is not in compliance with the electrical code, the electrical code technical standards, or any other laws or rules enforced by the department, and which has resulted in a condition severely hazardous to life or property, the commissioner may suspend his or her license and/or the authorization of a master electrician business represented by such licensee without a prior hearing. Notice of such suspension shall be served on the licensee and/or the master electrician business. The commissioner shall provide the licensee and/or the master electrician business with the opportunity for a hearing within five (5) calendar days after such suspension.
1. All outstanding fees required by section 27-3018 of this chapter are paid, and
2. There are no outstanding violation notices for electrical work performed under such license, and
3. Open applications filed under such license have been scheduled for inspection in accordance with department procedures, re-filed by another licensee or have been withdrawn.
§ 27-3016.1 Certification as low voltage installer; qualifications; issuance; fees.
§ 27-3017 Electrical work by unauthorized persons; false representations.
§ 27-3017.1 Cooperation required.
§ 27-3018 Inspection; application for permit and application fees.
1. Permits shall be deemed to incorporate the provisions that the applicant, the owner, and their employees, shall carry out the permitted work in accordance with the provisions of this code and other applicable laws or rules, whether specified or not, except as variations have been legally permitted or authorized.
2. All work shall conform to the approved submittal documents and any approved amendments thereto. Changes and revisions during the course of work shall conform to the requirements of this code.
3. The permit shall expire by operation of law if the insurance required pursuant to section 27-3013 of this chapter, and upon which the permit was conditioned, lapses, expires or is cancelled, unless the permit holder files proof of valid insurance before such event.
1. An initial application fee for electrical work requiring a permit shall be payable as follows: forty dollars upon filing of the application for such work.
2. The balance of the application fee shall be payable at electrical sign-off from the department or as otherwise provided by the department’s rules.
3. The fee for electrical work requiring a work permit by the department shall be computed as follows but shall not exceed five thousand dollars:
(i) Each outlet, each fixture, each horsepower or fraction thereof of a motor or generator, each kilowatt or fraction thereof of a heater, each horsepower or fraction thereof of an air conditioner, each kilovolt-ampere or fraction thereof of a transformer installed, altered or repaired shall be assigned the value of one unit. In computing the aforementioned fee, the sum of the units will determine the charges as set forth herein below:
| Sum of units | Fee |
|---|---|
| 1-10 | $0.00 |
| Over 10 | $0.25 per unit |
|
|
| 0-100 Amperes | $ 8.00 |
| 101-200 Amperes | $ 30.00 |
| 201-600 Amperes | $105.00 |
| 601-1200 Amperes | $225.00 |
| Over 1200 Amperes | $375.00 |
|
|
| Up to #2 Conductors | $ 15.00 |
| Over #2 to #1/0 Conductors | $ 30.00 |
| Over #1/0 to 250 MCM | $ 45.00 |
| Over 250 MCM | $ 75.00 |
|
|
| 1 Phase up to 20-1 or 10-2 pole cutouts or breakers | $ 15.00 |
| 1 Phase over 20-1 or 10-2 pole cutouts or breakers | $ 37.50 |
| 3 Phase up to 225 amperes | $ 50.00 |
| 3 Phase over 225 amperes | $ 75.00 |
|
$ 40.00 |
|
|
| 0 to 30 square feet | $ 65.00 |
| 31 to 60 square feet | $ 90.00 |
| Over 60 square feet | $115.00 |
|
|
| 10 floors or less | $125.00 |
| Each additional ten or fewer floors | $ 83.00 |
|
$ 12.00 |
~
1. For an application with respect to electrical work made after a violation was issued for failure to file an application for a permit for such work—up to ten times the total fee that would otherwise be payable as set forth in subdivisions c and d of this section.
2. Duplicate copy of notice of violation—$5.
(i) replacement of defective circuit breakers or switches rated thirty amperes or less, excluding main service disconnects;
(ii) replacement of parts in electrical panels where voltage does not exceed one hundred fifty volts to ground;
(iii) replacement of minor elevator parts as defined by rule;
(iv) replacement of defective controls rated at thirty amperes or less;
(v) repair of defective fixtures;
(vi) replacement of fixtures in existing outlets, provided the number of such fixtures does not exceed five and does not increase existing wattage; (vii) replacement, repair, disconnection or reconnection of motors not to exceed one horsepower, and associated devices;
(viii) repairs to low pressure heating plants with a capacity of less than fifteen pounds per square inch, except as may otherwise be required by rule of the commissioner.
(ix) installation of any ten or fewer units not requiring the installation of an additional branch circuit;
(x) installation of motors of fractional horsepower;
(xi) installation of transformers rated at one thousand volt amperes or less.
2. Notwithstanding any other provision of this chapter, an electrical sign-off by the department shall not be required for electrical work performed pursuant to a permit for minor electrical work.
3. Notwithstanding any other provision of this chapter, the commissioner may promulgate a rule providing that minor electrical work may be performed without a permit or the payment of a fee under the conditions to be prescribed in such rule.
§ 27-3019 Modification, suspension or revocation, electrical sign-off, permit or other authorization.
§ 27-3020 Supplying or discontinuing electrical energy.
§ 27-3021 Service of orders and notices.
Any order or notice issued pursuant to the provisions of this chapter may be served personally upon the person, partnership or corporation to whom or to which it is addressed, or may be served by mailing the same in a sealed envelope with postage prepaid, directed, in the case of the holder of any license, to the address furnished by such license holder to the department of buildings as his or her business address, or the address of the master electrician business represented by the licensee and, in the case of any other person, partnership or corporation, to the premises where the defects recited in such order are alleged to exist and by the posting in a conspicuous place on such premises of a copy of such notice or order. The service as above described, by mailing and posting, shall be the equivalent of personal service.
§ 27-3021.1 Electric meter installation; restriction.
No public utility shall supply electricity to a one, two, three or four family residence building, nor shall such utility energize more electrical meters in a building than the number of distinct and separate residences in such building as authorized in the certificate of occupancy applicable thereto, or if there is no certificate of occupancy, as determined by the department, without first receiving a sign-off from the department. In the event that an owner of a one, two, three or four family building wants to install an additional electrical meter other than provided for herein, approval shall be obtained in writing from the department. A public utility shall not install such additional electrical meter without such approval. A building in which two or more dwelling units have been constructed in accordance with the certificate of occupancy, or if there is no certificate of occupancy, as determined by the department, may have one meter for each dwelling unit and one additional meter for the common areas of the building, provided that smoke detecting devices are installed in all common areas in accordance with departmental requirements. Such common areas may include boiler rooms, shared hallway lighting, shared stairway lighting, and outdoor perimeter lighting but shall not include any habitable space. In the event that a meter has been found to have been installed or to exist in violation of this section, the utility must report such findings to the department, which may take action leading to the disconnecting of such meter in accordance with the notice requirements set forth in section 27-3020 of this code.
§ 27-3021.2 Violations.
Except as otherwise provided in this chapter, any person or business who shall violate any of the provisions of this chapter or who shall fail to comply with any requirement thereof or with the electrical code technical standards or who shall violate or fail to comply with any order or rule of the commissioner made thereunder shall, for each and every violation or noncompliance be subject to penalties and other enforcement actions in accordance with the provisions of chapter 2 of title 28 of the administrative code.
Subchapter 2: Technical Standards
§ 27-3024 Adoption of the electrical code technical standards.
§ 27-3025 The New York city amendments to the 2005 National Electrical Code.
The following New York City amendments to the 2005 National Electrical Code are hereby adopted as set forth in this section. In the event of conflicts between technical provisions, the more restrictive shall apply:
2008 NEC NEW YORK CITY AMENDMENT
ARTICLE 90Introduction
SECTION 90.2
Subsection 90.2(B)(5)—Delete paragraph (b) and add a new paragraph (b) to read as follows:
CHAPTER 1General
ARTICLE 100Definitions
Coordination (Selective) Add a new sentence at the end of the definition of Coordination (Selective) to read as follows:
For the purposes of this code two overcurrent protective devices shall be deemed selectively coordinated if their respective time-current characteristic curves do not intersect at a time of 0.1 seconds (6 cycles on 60 Hz systems) or longer.
Electric Closet. Add a new definition of Electric Closet immediately after “Dwelling Unit”, to read as follows:
Electric Closet. A room designed for or dedicated to the purpose of containing electrical distribution equipment such as vertical risers, bus ducts, transformers or panelboards.
ARTICLE 110Requirements for Electrical Installations
SECTION 110.2
Section 110.2—Delete in its entirety and add a new section 110.2 to read as follows:
110.2 Approval of Electrical Materials, Equipment and Installations.
(1) All electrical equipment, apparatus, materials, devices, appliances and wiring used in New York City shall be approved by the commissioner, with submissions required in accordance with rules of the department.
(2) The maker’s name, trademark or other identification, symbol and number shall be placed on fittings, equipment and materials. Additional markings shall be provided, stating voltage, current, wattage or other appropriate ratings as prescribed elsewhere in this code.
No electrical installations as described in (1) through (5) below shall be constructed unless a submission for approval has been made to the commissioner and approval has been granted. For the purpose of this section an electrical “installation” shall refer to the installation of service equipment, transformers, UPS systems, generators, electrical wiring of assembled photovoltaic arrays, generator paralleling equipment or other sources.
(1) A new installation of new equipment totaling 1000 kVA or larger.
(2) Any change in an installation with a rating of 1000 kVA or larger, up to and including 2nd level overcurrent protection unless it was fully described and approved as “future” on the original approved plan.
(3) Any addition to an existing installation, which would bring the total to 1000 kVA or larger.
(4) The addition of any equipment in a room, which would affect clearances around the equipment of a 1000 kVA installation.
(5) A new installation or revised installation above 600V irrespective of kVA rating.
Exception No. 1: No submission is required solely for fire alarm service taps.
Exception No. 2: No submission is required for the addition of one 2nd level overcurrent protection device 200 amperes or less.
(1) The capacity of a utility service, in kVA, shall be determined by summing the maximum ampere ratings of each service disconnecting means and calculating total kVA at the operating voltage. Service disconnecting means supplying fire pumps shall be included at 125 percent of the fire pump full load amps. The calculation shall include all new and existing service disconnecting means supplied from the common service entrance.
(2) The capacity of a transformer, UPS system, generator or other source shall be its maximum KVA output rating.
FPN: See 90.7, Examination of Equipment for Safety, and 110.3, Examination, Identification, Installation, and Use of Equipment. See definitions of “Approved,” “Identified,” “Labeled,” and “Listed.”
SECTION 110.4
Section 110.4—Add a FPN at the end of the section to read as follows:
FPN: See Section 27-3004 of the Administrative Code for the definitions of Low Voltage Electrical Work and Low Voltage Installer, and Section 27-3016.1 for the certification requirements of a Low Voltage Installer.
SECTION 110.25
Section 110.25—Add a new section 110.25 to read as follows:
110.25 Electric Closets. Electric closets shall be dedicated to electrical distribution equipment. Electric closets shall be identified as such, shall be sized to provide the applicable working space requirements, and shall not be used for any other purpose including storage. Electric closets shall be accessible to authorized persons only.
Exception: Other systems that are required to be installed by a licensed electrician, such as Fire Alarm Panels, Building Management Systems and Lighting Control Systems may be installed in Electric Closets.
SECTION 110.26
Subsection 110.26(H)—Add a new subsection 110.26(H) to read as follows:
SECTION 110.31
Section 110.31—Revise the second sentence of the second paragraph to read as follows:
A fence shall not be less than 2.44m (8 ft) in height.
Subsection 110.31(A)—Revise the second sentence to read as follows:
The floors of vaults in contact with the earth shall be of concrete that is not less than 6 in. (150 mm) thick, but where the vault is constructed with a vacant space or other stories below it, the floor shall have adequate structural strength for the load imposed on it and a minimum fire resistance of 3 hours.
SECTION 110.33
Subsection 110.33(A)—Revise the first sentence of the subsection to read as follows:
At least one entrance to enclosures for electrical installations as described in 110.31 not less than 762 mm (30 in.) wide and 2 m (61/2 ft) high shall be provided to give access to the working space around the electrical equipment.
SECTION 110.34
Subsection 110.34(A)—Revise the last sentence of the Exception to read as follows:
Where rear access is required to work on de-energized parts on the back of enclosed equipment, a minimum working space of 900 mm (36 in.) horizontally shall be provided.
CHAPTER 2Wiring and Protection
ARTICLE 210Branch Circuits
SECTION 210.11
Subsection 210.11(C)(4)—Add a new subsection 210.11(C)(4) to read as follows:
SECTION 210.19
Subsection 210.19(A)(1)—Add a new sentence at the end of the paragraph before the first Exception to read as follows:
Conductors of branch circuits shall be sized to allow for a maximum voltage drop of 3 percent at the last outlet supplying light, heat or power and the maximum voltage drop allowable for feeders and branch circuit combined shall not exceed 5 percent.
FPN No. 4—Delete the FPN in its entirety.
Subsection 210.19(A)(4)—Revise the first sentence of the paragraph by replacing “14 AWG” with “12 AWG”
Exception No. 3: Add a new Exception No. 3 to read as follows:
Exception No.3: Where compliance with the applicable Energy Conservation Code is mandated voltage drop requirements of that code shall apply.
SECTION 210.24
Section 210.24 Table—Replace the value “14” that appears twice in the column headed 15A, and once each in the columns headed 20A and 30A in the Circuit Rating Section with the value “12.”
SECTION 210.25
Section 210.25—Add an Exception to (A) and (B) to read as follows:
Exception to (A) and (B): Buildings built prior to January 1, 2003 are exempt from the requirements of 210.25 (A) and (B) under either of the following conditions:(1) undergoing renovation less than 50 percent.(2) repair to or replacement of existing equipment.
SECTION 210.52
Subsection 210.52(E)(3)—Delete the Exception in its entirety.
Subsection 210.52(I)—Add a new subsection 210.52(I) to read as follows:
Exception: Buildings with central air conditioning systems that serve any of the above areas shall not require separate outlets in those areas.
ARTICLE 215Feeders
SECTION 215.2
Subsection 215.2(A)(1)—Add two new sentences at the end of the first paragraph, before the Exception, to read as follows:
Feeder conductors shall be sized so that the maximum voltage drop at the last overcurrent device does not exceed 3 percent and the total maximum voltage drop of feeder and branch circuit conductors to the last outlet does not exceed 5 percent. The minimum feeder size feeding a dwelling unit shall be 8 AWG copper or 6 AWG aluminum or copper-clad aluminum conductors.
Add three new Exceptions No. 3, No. 4 & No. 5 and a FPN, to read as follows:
Exception No. 3: For residential occupancies and portions of the electrical system of mixed use buildings serving exclusively residential occupancies, the maximum voltage drop from the service point to the last overcurrent device shall not exceed 4 percent and the total maximum voltage drop to the last outlet shall not exceed 5 percent.
Exception No. 4: Where the distance between the utility service point and the service disconnecting means exceeds 15.2 m (50 ft), the voltage drop between the service point and the service disconnecting means may be calculated utilizing the service capacity limits defined by the utility company in lieu of the computed load. The distance between the service point and the service disconnecting means, the computed load and a letter on utility company letterhead indicating service limits shall be submitted for department approval.
Exception No. 5: Where compliance with the applicable Energy Conservation Code is mandated voltage drop requirements of that code shall apply.
FPN: When using Exception No. 4, potential future increases in the utility service capacity limits should be considered to avoid exceeding voltage drop limits at a later date.
Subsection 215.2(A)(3)—Delete FPN No. 2.—Renumber FPN No. 3 as FPN No. 2, and revise to read as follows:
FPN No. 2: See amended 210.19(A) for voltage drop on branch circuits.
ARTICLE 220Branch-Circuit, Feeder, and Service Calculations
SECTION 220.14
Section 220.14—Delete the reference to subdivision (L) in the first paragraph and replace it with a reference to subdivision (M) to read as follows:
In all occupancies, the minimum load for each outlet for general-use receptacles and outlets not used for general illumination shall not be less than that calculated in 220.14(A) through (M), the loads shown being based on nominal branch-circuit voltages.
Subsection 220.14(M)—Add a new subsection 220.14(M) to read as follows:
SECTION 220.87
220.87 Determining Existing Loads.
Delete “or service” from the first sentence.
ARTICLE 225Outside Branch Circuits and Feeders
SECTION 225.10
Section 225.10—Revise the first sentence to read as follows:
The installation of outside wiring on surfaces of buildings shall be permitted for circuits of not over 600 Volts, nominal, as multiconductor cable, as type MI cable, as messenger supported wiring, in rigid metal conduit, in intermediate metal conduit, in cable trays, as cablebus, in wireways, in auxiliary gutters, in liquidtight flexible metal conduit and in busways.
SECTION 225.11
Section 225.11—Revise the first sentence to read as follows:
Where outside branch and feeder circuits leave or enter a building, the requirements of 230.54 shall apply.
SECTION 225.36
Section 225.36—At the end of the sentence, add the following:
and shall comply with all the requirements of Article 408 and its amendments.
ARTICLE 230Services
SECTION 230.6(5)
Subsection 230.6(5)—Add a new subsection 230.6(5) to read as follows:
SECTION 230.30
Section 230.30—Delete the Exception in its entirety.
SECTION 230.31
Subsection 230.31(B)—Revise to read as follows:
Exception: Conductors supplying only limited loads of a single branch circuit—such as small polyphase power, controlled water heaters, and similar loads—shall not be smaller than 10 AWG copper or 8 AWG aluminum or copper-clad aluminum.
SECTION 230.42
Subsection 230.42(A)—Revise to read as follows:
Table 230.42 Service Equipment Bus Bar Ampere Density
| Current Rating of Bus | Maximum Current Per Square Inch in Amperes | |||
|---|---|---|---|---|
| Ventilated Housing | Unventilated Housing | |||
| Copper Bar | Alum. Bar | Copper Bar | Alum. Bar | |
| Up to 1200 Amp | 1000 | 750 | 800 | 600 |
| 1201 to 2000 Amp | 800 | 600 | 700 | 525 |
| 2001 Amp and greater | 700 | 525 | 500 | 375 |
~
(a) The sum of the noncontinuous loads plus 125 percent of the continuous loads.
(b) The sum of the noncontinuous loads plus the continuous loads if the service-entrance conductors terminate in an overcurrent device where both the overcurrent device and its assembly are listed for operation at 100 percent of their rating.
Exception: The ampacity of service-entrance conductors need not exceed the maximum demand calculated in accordance with Article 220, up to a maximum of 4000 amps per service.
FPN: See Subsection 110.2(C)(1) for determining service capacity.
SECTION 230.43
Section 230.43—Revise to read as follows:
230.43 Wiring Methods for 600 Volts, Nominal, or Less. Service-entrance conductors shall be installed in accordance with the applicable requirements of this Code covering the type of wiring method used and shall be limited to the following methods:
SECTION 230.46
Section 230.46—Revise to read as follows:
230.46 Unspliced Conductors. Service-entrance conductors shall not be spliced before terminating at the service disconnecting means, except for the following terminations that are permitted:
SECTION 230.50
Subsection 230.50(B)(1)(3)—Delete the subsection in its entirety.
Subsection 230.50(B)(1)(4)—Delete the subsection in its entirety.
SECTION 230.52
Section 230.52—Delete the section in its entirety.
SECTION 230.54
Section 230.54—Delete in its entirely and add a new section 230.54 to read as follows:
230.54 Overhead Service Locations.
Exception: Where it is impracticable to locate the service head above the point of attachment, the service head location shall be permitted not farther than 600 mm (24 in.) from the point of attachment.
SECTION 230.64
Section 230.64—Add a new section 230.64 to read as follows:
230.64 Service Rooms or Areas.
(1) At least 1.5 m (5 ft) in front of the switchboard if it is in one line, and at least 2.1 m (7 ft) in front of the board if boards are installed facing each other.
(2) At least 300 mm (12 in.) from the floor to any energized part of the switchboard, except by special permission.
(3) Where side and/or rear access is required, the following shall also apply:
(4) Front-only accessible switchboards may be installed 300 mm (12 in.) or less from a wall. However, if the front-only accessible switchboard is installed more than 300 mm (12 in.) from the wall, access must be sealed at each end or comply with the restrictions herein.
(5) Service equipment shall be arranged so that it is reachable from the entrance door without having to pass in front of, or behind any other electrical equipment in the room. This requirement shall be waived if a second entrance door is provided and located as remotely as practical from the first. Each door shall access an area, which leads to a legal exit.
SECTION 230.70
Subsection 230.70(A)(1)—Revise to read as follows:
Exception: Service disconnecting means may be installed on the outside of residential buildings of one through four dwelling units.
Subsection 230.70(B)—Revise to read as follows:
SECTION 230.76
Section 230.76—Add a new paragraph at the end of section 230.76 to read as follows:
Where remote control devices are used on service equipment or manually operated circuit breaker devices totaling 1000 kVA or larger, it shall be the responsibility of the owner of the building or such owner’s authorized agent to have the opening and closing mechanism of each service switch or service breaker tested at least once every year. The testing need not be performed under load. A record showing the date and signature of the qualified person making the test shall be kept posted at the switch or circuit breaker.
SECTION 230.94
Section 230.94—Revise Exception No. 3 to read as follows:
Exception No. 3: Circuits for load management devices and emergency supply shall be permitted to be connected on the supply side of the service overcurrent device where separately provided with overcurrent protection.
ARTICLE 240Overcurrent Protection
SECTION 240.12
Subsection 240.12(A)—Add a new subsection 240.12(A) to read as follows:
Where the service overcurrent protective device (OCPD) rating or setting is above 601 Amps, such device shall be selectively coordinated with the next downstream OCPD.
FPN No. 1: See definition of “Coordination (Selective).”
Exception No. 1: Selective coordination shall not be required between two OCPDs in series with one another when no loads are connected in parallel with the downstream device.
Exception No. 2: When the second level OCPD is a single main device having the same rating or setting as the service OCPD, selective coordination shall be required between the third level devices and the two upstream devices.
Exception No. 3: Selective coordination shall not be required between transformer primary and secondary OCPDs, where only one OCPD exists on the transformer secondary.
Renumber first paragraph of 240.12 as new subsection 240.12(B), and retitle as follows:
SECTION 240.86
Section 240.86—Add a FPN after first paragraph to read as follows:
FPN: See 240.12, 700.27 and 708.54.
ARTICLE 250Grounding and Bonding
SECTION 250.52
Subsection 250.52(A)(1)—Delete the Exception in its entirety.
ARTICLE 285Surge-Protective Devices (SPDs), 1 kV or Less
SECTION 285.25
Section 285.25—Add a FPN at end of paragraph to read as follows:
FPN: Device to be used as per manufacturer’s listing, available fault current should be considered.
CHAPTER 3Wiring Methods and Materials
ARTICLE 300Wiring Methods
SECTION 300.3
Subsection 300.3(C)(1)(a)—Add a new subsection 300.3(C)(1)(a) to read as follows:
SECTION 300.5
Subsection 300.5(A)—Revise to read as follows:
SECTION 300.6
Subsection 300.6(B)—Revise to read as follows:
SECTION 300.22
Subsection 300.22(C)—Revise the first paragraph to read as follows:
ARTICLE 328Medium Voltage Cable: Type MV
SECTION 328.10
Section 328.10—Revise to read as follows:
328.10 Uses Permitted. Type MV cables shall be permitted for use on power systems rated up to 35,000 volts nominal as follows:
SECTION 328.12
Section 328.12—Revise to read as follows:
328.12 Uses Not Permitted. Type MV cable shall not be used:
SECTION 328.80
Section 328.80—Delete the last sentence.
ARTICLE 330Metal-Clad Cable: Type MC
SECTION 330.10
Subsection 330.10(A)(1)—Delete the word “services”.
Subsection 330.10(A)(3)—Delete the words “or outdoors”.
Subsection 330.10(A)(5)—Revise to read as follows:
To be direct-buried where identified for such use and by special permission.
Subsection 330.10(A)(8)—Delete the subsection in its entirety.
Subsection 330.10(B)(3)—Delete the subsection in its entirety.
SECTION 330.12
Section 330.12—Revise the first sentence to read as follows:
330.12 Uses Not Permitted. Type MC cable shall not be used under any of the following conditions.
Subsection 330.12(3)—Add a new subsection 330.12(3) to read as follows:
Subsection 330.12(4)—Add a new subsection 330.12(4) to read as follows:
Subsection 330.12(5)—Add a new subsection 330.12(5) to read as follows:
ARTICLE 334Nonmetallic-Sheathed Cable: Types NM, NMC, and NMS
SECTION 334.10
Section 334.10—Revise to read as follows:
334.10 Uses Permitted. Type NM, Type NMC, and Type NMS cables shall be permitted to be used in the following:(1) One- and two-family dwellings.(2) Multifamily dwellings, except as prohibited in Section 334.12.
FPN: See Section 310.10 for temperature limitation of conductors.
Subsection 334.10(A)(1)—Revise to read as follows:
Subsection 334.10(B)(1)—Revise to read as follows:
Subsection 334.10(C)(1)—Revise to read as follows:
SECTION 334.12
Subsection 334.12(A)(1)—Revise to read as follows:
Subsection 334.12(A)(1)—Delete the Exception in its entirety.
Subsection 334.12(A)(11)—Add a new subsection 334.12 (A)(11) to read as follows:
SECTION 334.15
Subsection 334.15(B)—Change reference from 300.4(E) to 300.4(F).
SECTION 334.30
Subsection 334.30(C)—Delete the subsection in its entirety.
ARTICLE 336Power and Control Tray Cable: Type TC
SECTION 336.10
Subsection 336.10(6)—Delete the subsection in its entirety.
SECTION 336.12
Subsection 336.12(5)—Add a new subsection 336.12 (5) to read as follows:
SECTION 336.104
Subsection 336.104(A)—Delete the subsection in its entirety.
ARTICLE 338Service-Entrance Cable: Types SE and USE
SECTION 338.10
Subsection 338.10(A)—Add a second sentence to read as follows:
Where installed as service entrance conductors, Type SE cable shall be enclosed in a threaded metallic conduit.
Subsection 338.10(B)(2)—Delete the Exception in its entirety.
Subsection 338.10(B)(4)(b)—Revise to read as follows:
ARTICLE 340Underground Feeder and Branch-Circuit Cable: Type UF
SECTION 340.10
Subsection 340.10(1)—Revise to read as follows:
Subsection 340.10(5)—Delete the subsection in its entirety.
Subsection 340.10(6)—Delete the subsection in its entirety.
SECTION 340.12
Subsection 340.12(12)—Add a new subsection 340.12(12) to read as follows:
Subsection 340.12(13)—Add a new subsection 340.12(13) to read as follows:
SECTION 344.10
Subsection 344.10(A)(3)—Revise the second sentence of subsection 344.10(A)(3) to read as follows:
Aluminum RMC shall not be permitted to be encased in concrete or used for direct burial.
Subsection 344.10(B)(2)—Delete the subsection in its entirety.
ARTICLE 350Liquidtight Flexible Metal Conduit: Type LFMC
SECTION 350.12
Subsection 350.12(3)—Add a new subsection 350.12(3) to read as follows:
ARTICLE 352Rigid Polyvinyl Chloride Conduit: Type PVC
SECTION 352.10
Subsection 352.10(I)—Add a new subsection 352.10(I) to read as follows:
Subsection 352.10(J)—Add a new subsection 352.10(J) to read as follows:
ARTICLE 354Nonmetallic Underground Conduit with Conductors: Type NUCC
SECTION 354.10
Section 354.10—Revise the heading and the first sentence to read as follows:
354.10 Uses Permitted by Special Permission Only. The use of NUCC and fittings shall be permitted by special permission only, as follows:
ARTICLE 355Reinforced Thermosetting Resin Conduit: Type RTRC
SECTION 355.10
Subsection 355.10(I)—Add a new subsection 355.10(I) to read as follows:
Subsection 355.10(J)—Add a new subsection 355.10(J) to read as follows:
ARTICLE 356Liquidtight Flexible Nonmetallic Conduit: Type LFNC
SECTION 356.10
Section 356.10—Revise the heading and the first sentence to read as follows:
356.10 Uses Permitted by Special Permission Only. The use of LFNC shall be permitted by special permission only, as follows:
ARTICLE 358Electrical Metallic Tubing: Type EMT
SECTION 358.10
Subsection 358.10(C)—Delete the subsection in its entirety.
SECTION 358.12
Subsection 358.12(7)—Add a new subsection 358.12(7) to read as follows:
ARTICLE 362Electrical Nonmetallic Tubing: Type ENT
SECTION 362.10
Section 362.10—Revise to read as follows:
362.10 Uses Permitted. The use of electrical nonmetallic tubing and fittings shall be permitted:
FPN No. 1: Extreme cold may cause some types of nonmetallic conduits to become brittle and, therefore, more susceptible to damage from physical contact.
FPN No. 2: Extreme cold may cause some types of nonmetallic tubing to become brittle and, therefore, more susceptible to damage from physical contact.
SECTION 362.12
Subsection 362.12(11)—Add a new subsection 362.12(11) to read as follows:
ARTICLE 366Auxiliary Gutters
SECTION 366.10
Subsection 366.10(B)—Revise the first sentence to read as follows:
Nonmetallic auxiliary gutters may only be installed by special permission and shall be listed for the maximum ambient temperature of the installation and marked for the installed conductor insulation temperature rating.
ARTICLE 368Busways
SECTION 368.2
Section 368.2—Change title from “Definition” to ” Definitions” and add a new definition to read as follows:
Service Busway. For the purpose of this article, service busway is busway used to connect from the service point to the line terminals of the service equipment.
SECTION 368.119
Section 368.119—Add a new section 368.119, after the heading “III. Construction”, to read as follows:
368.119 Service Busway. Service busway shall conform to the specifications listed in (A) through (I) below.
Exception: By special permission.
Exception: Bolted busbar joints requiring maintenance shall be permitted to be uninsulated.
ARTICLE 370Cablebus
SECTION 370.3
Section 370.3—Delete “and services” from the last sentence of the first paragraph, so that it reads as follows:
Cablebus shall be permitted to be used for branch circuits and feeders.
ARTICLE 376Metal Wireways
SECTION 376.22
Section 376.22—Add an Exception after subsection (B) to read as follows:
Exception: Metallic auxiliary gutters may contain up to 40 service entrance conductors without applying derating factors.
ARTICLE 378Nonmetallic Wireways
SECTION 378.10
Section 378.10—Revise the heading and first sentence of the section to read as follows:
378.10 Uses Permitted by Special Permission Only. The use of nonmetallic wireways shall be permitted by special permission only as follows:
ARTICLE 380Multioutlet Assembly
SECTION 380.2
Subsection 380.2(B)(7)—Add a new subsection 380.2(B)(7) to read as follows:
ARTICLE 382Nonmetallic Extensions
SECTION 382 II
Section 382 II—After subheading “II. Installation” of the Article, add a sentence to read as follows and delete remainder of the Article:
Installation of non-metallic extensions shall not be permitted.
ARTICLE 388Surface Nonmetallic Raceways
SECTION 388.12
Subsection 388.12(8)—Add a new subsection 388.12(8) to read as follows:
Subsection 388.12(9)—Add a new subsection 388.12(9) to read as follows:
ARTICLE 392Cable Trays
Subsection 392.3(E)—Add a new sentence at end of existing paragraph to read as follows:
Nonmetallic cable trays may be used by special permission only.
ARTICLE 394Concealed Knob-and-Tube Wiring
SECTION 394 II
Section 394 II—After subheading “II. Installation” of this Article, add a sentence to read as follows and delete the rest of the Article:
Installation of Concealed Knob-and-Tube Wiring shall not be permitted.
ARTICLE 396Messenger-Supported Wiring
SECTION 396
Table 396.10(A)—Delete second line of Table in its entirety.
CHAPTER 4Equipment for General Use
ARTICLE 404Switches
SECTION 404.10
Subsection 404.10(A)—Delete the subsection in its entirety.
ARTICLE 406Receptacles, Cord Connectors, and Attachment Plugs (Caps)
SECTION 406.11
Section 406.11—Revise to read as follows:
406.11 Tamper-Resistant Receptacles in Dwelling Units and Multifamily Dwellings. In all areas specified in 210.52, and in all public parts, as such term is defined in the New York City Housing Maintenance Code, of multifamily dwellings, all 125-volt, 15- and 20-ampere receptacles shall be listed tamper-resistant receptacles.
Exception: Public parts of multifamily dwellings that are used exclusively for mechanical equipment or storage purposes.
ARTICLE 408Switchboards and Panelboards
SECTION 408.60
Section 408.60—Add new section 408.60 to read as follows:
408.60 Special Requirements. Switchboards shall be listed, approved and constructed in accordance with UL 891, Eleventh Edition, Standard for Switchboards. Panelboards shall be listed, approved and constructed in accordance with UL 67, Eleventh Edition, Standard for Panelboards. Additional construction specifications shall be in accordance with (A) thru (G) below.
Exception: A single cable lug accommodating a maximum of two cables may be used in lieu of a neutral disconnect link for service disconnects 800 amperes or less.
Exception: Frames of direct current, single-polarity switchboards shall not be required to be grounded if effectively insulated.
(1) General. Busbars shall be sized based on 1000 amperes per square inch for copper and 750 amperes per square inch for aluminum.
Exception: In service switchboards, generator paralleling switchboards and when connecting to devices rated over 2500 amperes. See 408.60(E)(2) and (E)(3) below.
(2) In Service Equipment And Switchboards Supplied Directly From Separately Derived Systems. Line-side busbars in service switchboards and all busbars in generator paralleling switchboards shall be considered service conductors and shall comply with the requirements of 230.42(A).
(3) Connection to Devices Rated over 2500 Amperes. Busbars shall be sized in accordance with (a) and (b) below when connected to a device (switch or circuit breaker) over 2500 amperes:
(a) Over 2500 amperes but less than 5000 amperes, busbars shall be sized based on 800 amperes per square inch for copper and 600 amperes per square inch for aluminum.
(b) 5000 amperes and over, busbars shall be sized based on 700 amperes per square inch for copper and 525 amperes per square inch for aluminum.
Exception: Beyond a minimum distance of 1.2m (4 ft) along the current path from the device, the busbar may be reduced in size, in accordance with 408.60(E)(1) above.
(4) Ampacity of Through (Main) Bus. The through (main) bus that feeds four or more overcurrent protective devices of a switchboard shall have a minimum ampacity of 70 percent of the sum of the frame ratings of all devices fed by that through bus. If provisions are made for the addition of overcurrent protective devices in the future, the expected overcurrent protective device ratings shall be included in the above calculations. The through bus ampacity shall not be required to be greater than the frame rating of the upstream overcurrent protective device.
Exception: In service equipment and switchboards supplied directly from separately derived systems and for devices rated over 2500 amperes refer to 408.60(E)(2) and (E)(3) above.
(5) Ampacity of Section Bus. The section bus is that portion of the bus that serves one or more overcurrent protective devices in the switchboard section and includes that part of the bus between the through bus and the branch distribution bus. The minimum ampacity of the section bus of a switchboard shall be determined by the table below. The section bus ampacity shall not be required to be greater than that of the through bus.
| Total Number of Branch Overcurrent Devices | Minimum Ampacity of Section Bus as a %of the Sum Total of Branch OvercurrentDevices* |
|---|---|
| 1-2 | 100 |
| 3-4 | 80 |
| Over 4 | 70 |
~
* For fusible switches, the maximum fuse size shall be used. For interchangeable trip circuit breakers, the maximum trip rating shall be used. If provisions are made for the future installation of branch overcurrent protective devices, the ampacity of these units shall be included in the calculation.
Exception: In service equipment and switchboards supplied directly from separately derived systems and for devices rated over 2500 amperes refer to 408.60(E)(2) and (E)(3) above.
(6) Busbar Joints. All busbar joints and connections shall be plated with silver, tin or nickel. The current density at contact surfaces in busbar joints shall not exceed 200 amperes per square inch for copper and 150 amperes per square inch for aluminum. A permanent label providing torque values or tightening instructions for all busbar joints shall be affixed to each section of a switchboard.
ARTICLE 409Industrial Control Panels
SECTION 409.108
Section 409.108—At the end of the first paragraph, add “and shall comply with section 408.60.”
ARTICLE 410Luminaires, Lampholders, and Lamps
SECTION 410.30
Subsection 410.30(B)(1)—At the first sentence, insert “intended for use in a wet location” between “A pole” and “shall have”
SECTION 410.151
Subsection 410.151(B)—Number the existing FPN as FPN No. 1, and add a second FPN to read as follows:
FPN No. 2: See the applicable Energy Conservation Code.
ARTICLE 422Appliances
SECTION 422.12
Section 422.12—Revise to read as follows:
422.12 Central Heating Equipment. Central heating equipment other than fixed electric space-heating equipment shall be supplied by an individual branch circuit.
Exception No. 1: Auxiliary equipment, such as a pump, valve, humidifier, or electrostatic air cleaner directly associated with the heating equipment, may be connected to the same branch circuit.
Exception No. 2: Permanently connected air-conditioning equipment may be connected to the same branch circuit.
All safety devices, such as pressure controls, fire controls, relays, etc. shall have their electric switching mechanism connected to the ungrounded conductor.
SECTION 422.16
Subsection 422.16(B)(4)—Replace the term “range hood(s)” with the term “combination range hood/microwave oven(s)” in the title, first paragraph and the Exception.
ARTICLE 430Motors, Motor Circuits, and Controllers
SECTION 430.5
Table 430.5—Add the following items to the Table: “Services 230” and “Switchboards and Panelboards 408”
SECTION 430.95
Section 430.95—At the end of the first paragraph add a new sentence to read as follows:
When the equipment is utilized as service equipment, a means for disconnecting the neutral service conductor(s) complying with 408.60(A) is required.
SECTION 430.97
Section 430.97—After the title, add a new sentence to read as follows:
When the equipment is utilized as service equipment, the busbars shall comply with 408.51.
ARTICLE 450Transformers and Transformer Vaults (Including Secondary Ties)
SECTION 450.9
Section 450.9—Add a new third paragraph to read as follows:
Mechanical ventilation and/or air conditioning shall be provided and shall be adequate to dispose of the transformer full-load losses without exceeding 40°C (104°F) ambient temperature in the room.
SECTION 450.25
Section 450.25—Delete the section in its entirety.
SECTION 450.42
Section 450.42—Revise to read as follows:
450.42 Walls, Roofs and Floors. The vault shall be of such dimension as to permit the installation of all electrical equipment in accordance with 110.26 or 110.34 as applicable. The vault shall be of fireproof construction with a minimum fire resistance rating of three hours with floors, walls and ceilings 152 mm (6 in.) thick if made of concrete, or 203 mm (8 in.) thick if made of brick, or 203 mm (8 in.) thick if made of filled cement block. All building steel forming part of the vault construction shall have a comparable fire resistance rating. Each compartment within a vault shall be built to the same specifications in respect to the thickness of walls and fireproof door, as the vault. The floors shall be of ample strength to carry the weight of the equipment to be installed in the vault. The floors and wall, to the height of the sill, shall be given a hard impervious finish and painted to prevent the absorption of oil.
Exception: Where transformers are protected with automatic sprinkler, carbon dioxide, or gas suppression system, construction of 1-hour rating shall be permitted.
SECTION 450.43
Subsection 450.43(A)—Delete the FPN, and revise the subsection and Exception to read as follows:
Exception: Where transformers are protected with automatic sprinkler, carbon dioxide, or gas suppression system, construction of 1-hour rating shall be permitted.
SECTION 450.45
Section 450.45—Revise the first paragraph to read as follows:
A system of ventilation shall be provided to dispose of transformer full load losses and maintain a vault ambient temperature not to exceed 40°C (104°F). Minimum criteria for ventilation shall be in accordance with (A) through (F) below:
Subsection 450.45(C)—Add an Exception to read as follows:
Exception: Where required to meet the ventilation conditions of this section, the minimum of three square inches per kVA of natural ventilation may be supplemented by a dedicated mechanical ventilation system.
SECTION 450.46
Section 450.46—Revise to read as follows:
450.46 Drainage. Where practicable, vaults containing more than 100 kVA transformer capacity shall be provided with a drain or other means that will carry off any accumulation of oil or water in the vault unless local conditions make this impracticable. The floor shall be pitched to the drain where provided. Drainage shall be permitted to carry off water accumulation. Such drainage shall prevent drainage of transformer coolant into the water drainage system and shall be provided in accordance with the New York City Construction Codes and other authorities having applicable regulations.
CHAPTER 5Special Occupancies
ARTICLE 500Hazardous (Classified) Locations, Classes I, II, and III, Divisions 1 and 2
SECTION 500.8
Subsection 500.8(A)(3)—Revise to read as follows:
ARTICLE 501Class I Locations
SECTION 501.10
Subsection 501.10(B)(1)(7)—Delete the words “and Schedule 80 PVC conduit, factory elbows, and associated fittings” from the first paragraph.
Subsection 501.10(B)(2)—Delete item (4) “Liquidtight flexible nonmetallic conduit with listed fittings”.
ARTICLE 502Class II Locations
SECTION 502.10
Subsection 502.10(A)(2)—Delete item (3) “Liquidtight flexible nonmetallic conduit with listed fittings”.
SECTION 502.100
Subsection 502.100(B)(2)—Revise to read as follows:
ARTICLE 503Class III Locations
SECTION 503.10
Subsection 503.10(A)—Delete the words “rigid nonmetallic conduit”.
Subsection 503.10(A)(2)—Delete the words “liquidtight flexible nonmetallic conduit with listed fittings”.
ARTICLE 505Class I, Zone 0, 1, and 2 Locations
SECTION 505.15
Subsection 505.15(C)(1)(g)—Delete the words “and Schedule 80 PVC conduit, factory elbows, and associated fittings”.
Subsection 505.15(C)(2)—Delete the words “liquidtight flexible nonmetallic conduit with listed fittings”.
ARTICLE 506Zone 20, 21, and 22 Locations for Combustible Dusts or Ignitible Fibers/Flyings
SECTION 506.9
Subsection 506.9(A)(3)—Delete the words “such as a manufacturer’s self-evaluation or an owner’s engineering judgment”.
SECTION 506.15
Subsection 506.15(A)(5)—Delete the words “liquidtight flexible nonmetallic conduit with listed fittings”.
ARTICLE 511Commercial Garages, Repair and Storage
SECTION 511.7
Subsection 511.7(A)(1)—Delete the words “rigid nonmetallic conduit, electrical nonmetallic tubing” and “or liquidtight flexible nonmetallic conduit”.
ARTICLE 515Bulk Storage Plants
SECTION 515.7
Subsection 515.7(A)—Delete the words “, Schedule 80 PVC conduit”.
ARTICLE 516Spray Application, Dipping and Coating Processes
SECTION 516.3
Subsection 516.3(C)(2)(a)—Revise to read as follows:
Subsection 516.3(C)(2)(b)—Delete the subsection in its entirety.
ARTICLE 517Health Care Facilities
SECTION 517.30
Subsection 517.30(B)(4)—At the end of the paragraph, add the following:
A separate automatic transfer switch shall be required for:(1) The fire pump. For fire pump requirements refer to Article 695—Fire Pumps.(2) Alarm and alerting systems.(3) Automatic smoke control or venting.(4) Stair pressurization systems.
FPN Figures 517.30, No. 1 and 517.30, No. 2, add the following:
This figure does not reflect the switches and automatic transfer switches required above.
Subsection 517.30(C)(3)(1)—Delete the words “, or Schedule 80 PVC conduit”.
SECTION 517.41
Subsection 517.41(B)—At the end of the paragraph, add the following:
A separate automatic transfer switch shall be required for:(1) The fire pump. For fire pump requirements refer to Article 695- Fire Pumps.(2) Alarm and alerting systems.(3) Automatic smoke control or venting.(4) Stair pressurization systems.
FPN Figures 517.41, No. 1 and 517.41, No. 2, add the following:
This figure does not reflect the switches and automatic transfer switches required above.
ARTICLE 518Assembly Occupancies
SECTION 518.1
Section 518.1—Revise to read as follows:
518.1 Scope. This article covers all buildings or portions of buildings or structures classified as Assembly Occupancies in the New York City Construction Codes.
SECTION 518.2
Subsection 518.2(A)—Delete the first sentence and replace with the following:
Subsection 518.2(B)—Revise to read as follows:
SECTION 518.4
Subsection 518.4 (B)—Delete the subsection in its entirety.
Subsection 518.4(C)—Delete the subsection in its entirety.
ARTICLE 520Theaters, Audience Areas of Motion Picture and Television Studios, Performance Areas, and Similar Locations
SECTION 520.5
Subsection 520.5(C)—Delete the subsection in its entirety.
SECTION 520.6
Section 520.6—Delete the words “rigid nonmetallic conduit as permitted in this article,” from the first sentence.
ARTICLE 522Control Systems for Permanent Amusement Attractions
SECTION 522.1
Subsection 522.1—Before “electrical equipment” insert the words “(new and existing)”.
ARTICLE 525Carnivals, Circuses, Fairs, and Similar Events
SECTION 525.20
Subsection 525.20(G)—In the first sentence, delete the words “permitted to be” and add the word “secured” in front of “nonconductive matting”.
ARTICLE 545Manufactured Buildings
SECTION 545.3
Section 545.3—Add new section 545.3 to read as follows:
545.3 Wiring Generally. Approval of all wiring within manufactured buildings, including branch circuit wiring, shall be subject to the installation and permitting requirements of this code.
SECTION 545.4
Subsection 545.4(A)—Revise to read as follows:
SECTION 545.6
Section 545.6—Delete the Exception in its entirety.
SECTION 545.10
Section 545.10—Delete the section in its entirety.
ARTICLE 547Agricultural Buildings
SECTION 547.5
Subsection 547.5(A)—Delete the words “liquidtight flexible nonmetallic conduit”.
Subsection 547.5(D)—Delete the words “liquidtight flexible nonmetallic conduit”.
ARTICLE 550Mobile Homes, Manufactured Homes, and Mobile Home Parks
SECTION 550.3
Section 550.3—Add a new section 550.3 to read as follows:
550.3 Wiring Generally. Approval of all wiring within mobile and manufactured homes, including branch circuit wiring, shall be subject to the installation and permitting requirements of this code.
ARTICLE 590Temporary Installations
SECTION 590.4
Subsection 590.4(J)—Add the following at the beginning of the subsection:
Temporary wiring for lighting shall be properly and substantially supported on noncombustible, nonabsorbtive insulators and shall be kept off the floor and free and clear of contact with woodwork, metal pipes and metal portions of the building structure.
Subsection 590.4(K)—Add a new subsection 590.4(K) to read as follows:
Subsection 590.4(L)—Add a new subsection 590.4(L) to read as follows:
SECTION 590.6
Section 590.6—Add an Exception after the first paragraph, to read as follows:
Exception: Temporary wiring installations that are accessible to the public and used to supply temporary power for illumination of outdoor areas during construction, remodeling, maintenance, repair, or demolition of buildings, structures, equipment, or similar activities shall comply with all other requirements of this code for permanent wiring and shall be provided with ground-fault protection for personnel.
SECTION 590.8
Section 590.8—Add a new section 590.8 to read as follows:
590.8 Sidewalk Shed Lighting. All sidewalk shed lighting installations shall comply with the following conditions in addition to all other relevant provisions of this code:
CHAPTER 6Special Equipment
ARTICLE 600Electric Signs and Outline Lighting
SECTION 600.3
Section 600.3—Add the following subsections:
SECTION 600.7
Subsection 600.7(B)(7)(a)—Replace “14 AWG” with “12 AWG”.
SECTION 600.8
Subsection 600.8(C)—Revise to read as follows:
ARTICLE 604Manufactured Wiring Systems
SECTION 604.1
Subsection 604.1(A)—Add a new subsection 604.1(A) to read as follows:
(1) With the electrical permit application for each installation, or any subsequent modification thereof, the licensed electrician shall include a diagram or specification sheet clearly defining the boundaries where the wiring method will be installed.
(2) Manufactured wiring systems shall not be used for emergency exit signs or emergency lighting.
(3) Such wiring shall be used only for general lighting circuits above an accessible hung ceiling or where no finished ceiling exists.
SECTION 604.4
Section 604.4—Delete Exceptions No. 1 and No. 2 in their entirety.
SECTION 604.6
Subsection 604.6(A)(2)—Revise the first paragraph by inserting the word “metal” between “liquidtight flexible” and “conduit”.
ARTICLE 605Office Furnishings (Consisting of Lighting Accessories and Wired Partitions)
SECTION 605.4
Section 605.4—Revise to read as follows:
605.4 Partition Interconnections. The electrical connection between partitions shall be flexible assemblies listed and approved for use with wired partitions or metallic raceways that do not exceed 610mm (2 ft) in length.
SECTION 605.6
Section 605.6—Revise to read as follows:
605.6 Fixed-Type and Freestanding-Type Partitions. Wired partitions that are fixed (secured to building surfaces) or freestanding (not fixed) shall be permanently connected to the building electrical system by one of the wiring methods of this code. Where liquidtight flexible metal conduit is used, the maximum length shall be 457mm (18 in.).
SECTION 605.7
Section 605.7—Delete the section in its entirety.
SECTION 605.8
Section 605.8—Delete the section in its entirety.
ARTICLE 620Elevators, Dumbwaiters, Escalators, Moving Walks, Platform Lifts, and Stairway Chairlifts
SECTION 620.12
Subsection 620.12(B)—Revise to read as follows:
SECTION 620.21
Section 620.21—Delete the words “rigid nonmetallic conduit” and “liquidtight flexible nonmetallic conduit” throughout.
Subsection 620.21(A)(1)(d)—Delete paragraphs (d)(3) and (d)(4) in their entirety.
Subsection 620.21(A)(2)(d)—Delete paragraphs (d)(3) and (d)(4) in their entirety.
Subsection 620.21(A)(3)(e)—Delete the subsection in its entirety.
Subsection 620.21(A)(4)—Delete the subsection in its entirety.
SECTION 620.23
Subsection 620.23(C)—Insert the words “with ground-fault circuit interrupter” between “duplex receptacle” and “shall be provided”.
SECTION 620.24
Subsection 620.24(A)—Revise the second sentence to read as follows:
Required lighting and/or sump pump shall not be connected to the load side of a ground-fault circuit interrupter.
FPN—replace “2004” with “2003”.
SECTION 620.61
Section 620.61—Add a second sentence to read as follows:
For multiple elevators connected to the same feeder, each elevator circuit must be properly protected.
SECTION 620.82
Section 620.82—Insert the words “including all door panels” between “metal enclosures” and “for all electrical equipment”.
ARTICLE 640Audio Signal Processing, Amplification, and Reproduction Equipment
SECTION 640.3
Subsection 640.3(J)—Delete the subsection in its entirety.
ARTICLE 645Information Technology Equipment
SECTION 645.17
Subsection 645.17—Delete the words: “each panelboard has no more than 42 overcurrent devices and”.
ARTICLE 668Electrolytic Cells
SECTION 668.1
Section 668.1—Add a new paragraph at the end of the section to read as follows:
No new electrolytic cell line shall be installed, nor any existing cell line modified, without special permission.
ARTICLE 680Swimming Pools, Fountains, and Similar Installations
SECTION 680.4
Section 680.4—At the end of the paragraph add the following:
All applicable provisions of the New York City Construction Codes shall apply.
SECTION 680.9
Section 680.9—At the end of the paragraph add the following:
All such circuits shall be provided with GFPE. Electric water heaters of the immersion or submersible type shall not be permitted.
SECTION 680.21
Subsection 680.21(A)(3)—Revise by deleting the words “or liquidtight flexible nonmetallic conduit”.
SECTION 680.23
Subsection 680.23(B)(1)—Revise the first sentence to read as follows:
Listed and approved forming shells shall be installed for the mounting of all wet-niche underwater luminaires (fixtures) and shall be equipped with provisions for conduit entries.
Subsection 680.23(B)(2)—Revise by deleting the words “liquidtight flexible nonmetallic” throughout.
Subsection 680.23 (B)(2)(b)—Revise the first sentence to read as follows:
Where a rigid nonmetallic conduit is used, an 8 AWG insulated solid or stranded copper equipment grounding conductor shall be installed in this conduit unless a listed low-voltage lighting system not requiring grounding is used.
Subsection 680.23(D)—Revise to read as follows:
(1) Have no exposed metal parts(2) Have an impact resistant polymeric lens and body, and(3) Be listed and approved for the purpose
Subsection 680.23(F)(1)—Revise to read as follows:
Exception: Electrical metallic tubing shall be permitted to be used to protect conductors, when installed within buildings.
SECTION 680.33
Section 680.33—Revise to read as follows:
680.33 Storable Pool Luminaires (Lighting Fixtures). Luminaires (lighting fixtures) for storable pools shall not be permitted.
SECTION 680.41
Section 680.41—Revise section by deleting the last sentence.
SECTION 680.42
Subsection 680.42(A)(1)—Revise subsection by deleting the words “liquidtight flexible nonmetallic conduit” throughout.
ARTICLE 682Natural and Artificially Made Bodies of Water
SECTION 682.1
Section 682.1—Add the words “and water parks” at the end of the section.
SECTION 682.2
Section 682.2—Add the words “and water parks” at the end of the first sentence of the definition of “Artificially Made Bodies of Water”.
SECTION 682.13
Section 682.13—In the first sentence delete the words “or liquidtight flexible nonmetallic conduit”.
ARTICLE 690Solar Photovoltaic Systems
SECTION 690.1
Section 690.1—At the end of the section add the following:
A detailed diagram of the photovoltaic system must be made available upon request of the department.
ARTICLE 695Fire Pumps
SECTION 695.1
Subsection 695.1(A)(3)—Add a new subsection 695.1(A)(3) to read as follows:
SECTION 695.2
Section 695.2—After the first definition, “Fault Tolerant External Control Circuits”, add two new definitions to read as follows:
Fire Pump. For the purposes of this section, a fire pump is any Manual Standpipe Fire Pump, Automatic Standpipe Fire Pump, Sprinkler Booster Pump, Special Service Fire Pump, Spray Mist Fire Pump or Foam Fire Pump located at or below street level or with a motor rating exceeding 30hp.
Limited Service Fire Pump. For the purposes of this section, a Limited Service Fire Pump is a fire pump located above street level with a motor rating not exceeding 30hp and connected to a limited service fire pump controller.
Revise the third definition, “On-Site Standby Generator”, to read as follows:
On-Site Emergency Generator. An on-site facility producing electric power as the alternate supply of electric power meeting the requirements of Article 700.
After the last definition, “On-Site Standby Generator”, add a new definition to read as follows:
Sprinkler booster pump. For the purposes of this section, a Sprinkler Booster Pump is a fire pump installed in J-2 occupancies, where a minimum of 5 psig is maintained at the highest line of sprinklers, that complies with the definition of Limited Service Fire Pump.
SECTION 695.3
Subsection 695.3(B)—Revise to read as follows:
Subsection 695.3(C)—Add a new subsection 695.3(C) to read as follows:
SECTION 695.4
Section 695.4—Revise to read as follows:
695.4 Continuity of Power. Circuits that supply electric motor-driven fire pumps shall be supervised from inadvertent disconnection in accordance with (A) or (B) below.
(1) A listed fire pump controller(2) A listed fire pump power transfer switch(3) A listed combination fire pump controller and power transfer switch
Exception 1: The service conductors may directly connect the power source to either the listed fire pump controller or combination fire pump controller and power transfer switch where available short circuit current is less than the rating of the fire pump controller or combination fire pump controller and power transfer switch.
Exception 2: Where a limited service fire pump is connected to an emergency generator in addition to the electric utility source, the disconnecting means for either source is not required to be a service disconnecting means.
Exception 3: Where the building service disconnecting means consists of multiple utility sources over 600 volts arranged through transformers to supply a network secondary, a disconnecting means connected to the network complies with the requirements of this section.
(1) Utility Service. Fire pumps and limited service fire pumps shall have overcurrent protection selected as to allow the operation of the fire pump for as long as the fire pump remains capable of running, except where direct connection is made in accordance with 695.4(A)(3)
Exception 1:
(2) Generator Supply. When required to be connected to an emergency generator, fire pumps and limited service fire pumps shall have overcurrent protection selected in accordance with the following, except where direct connection is made in accordance with 695.4(A)(3)
Exception 1:
Exception: Where multiple generators operate in parallel, the fire pump tap may be made on the parallel distribution bus.
(3) Disconnecting Means. The disconnecting means shall comply with the following:
(1) Be identified as suitable for use as service equipment.
(2) Be lockable in the closed position. Locking provisions shall remain in place with or without an installed lock.
(3) Not located within equipment that feeds loads other than the fire pump.
(4) Be located as remote as practicable from other service disconnecting means with a minimum separation of 305mm (12 in.).
Exception: (1), (3), and (4) shall not apply to fire pumps and limited service fire pumps connected to emergency generators.
(4) Disconnect Marking. The disconnecting means shall be marked “Fire Pump—Do Not Disconnect”. The letters shall be at least 25mm (1 in.) in height, and they shall be visible without opening enclosure doors. Disconnecting means shall be red in color.
(5) Controller Marking. A placard shall be placed adjacent to the fire pump controller stating overcurrent setting at 300 percent of motor full load current, the location of the disconnecting means, and the location of the key (if the disconnecting means is locked).
(6) Supervision. The power continuity shall be supervised by one of the following:
(1) Central station signals confirming power source availability and pump running where central station connection is provided as required by building occupancy or use.
(2) Local signaling device, audible and visual, for power source availability and pump running which is activated at a continuously attended location where central station connection is not otherwise required.
SECTION 695.5
Section 695.5—Revise to read as follows:
695.5 Accessory Equipment
(1) Size. Transformers shall be rated at a minimum of 125 percent of the sum of the fire pump motor(s) and pressure maintenance pump(s) motor loads, and 100 percent of the remaining load supplied by the transformer.
(2) Overcurrent Protection. Primary disconnecting means and overcurrent devices shall be selected in accordance with 695.4(B)(1). Secondary disconnecting means and overcurrent devices shall not be permitted.
(3) Feeder Source. The feeders on the primary and secondary of the transformer shall be sized in accordance with the requirements of 695.6 adjusted for the primary and secondary voltage.
(1) Size. Where a rectifier supplies an existing DC electric fire pump, it shall be rated at a minimum of 125 percent of the fire pump full load current plus 100 percent of the full load current of all other equipment connected to the rectifier.
Exception: If largest motor is other than the fire pump, rectifier shall be sized at 125 percent of the largest motor and 100 percent of all other equipment.
(2) Overcurrent Protection. The primary disconnecting means and overcurrent device shall be rated at 150 percent of the rectifier full load current. The DC fire pump shall be supplied by a dedicated connection on the secondary of the rectifier. Disconnecting means and overcurrent devices shall not be permitted.
(3) Feeder Source. The feeders on the primary and secondary of the rectifier shall be sized in accordance with the requirements of 695.6 adjusted for the primary and secondary voltage.
(4) Other Loads. Rectifiers installed to supply existing DC fire pumps shall be permitted to supply other loads. Rectifier capacity shall be increased in accordance with 695.5(C)(1). Each DC supply shall include a disconnecting means and overcurrent device sized in accordance with applicable sections of the code.
SECTION 695.6
Section 695.6—Revise to read as follows:
695.6 Power Wiring. Power circuits and wiring methods shall comply with the requirements in 695.6(A) through (E), and as permitted in 230.90(A), Exception 4; 230.94, Exception 4; 230.208; 240.4(A); 240.13 and 430.31.
Exception: The supply conductors located in the electrical service room and generator room where they originate and in the fire pump room shall not be required to have the minimum 2-hour fire separation or fire resistive rating.
(1) Fire Pumps. Fire pump supply conductors, including emergency supply conductors where emergency power is provided, on the load side of the final disconnecting means and overcurrent device shall be kept entirely independent of all other wiring. They shall supply only loads that are directly associated with the fire pump system, and shall be protected to resist potential damage by fire, structural failure, or operational damage. They shall be permitted to be routed through a building(s) using one of the following methods:
(1) Encased in a minimum of 50mm (2 in.) concrete using rigid metal conduit (steel RMC), intermediate metal conduit, electrical metallic tubing or schedule 80 non-metallic conduit.
(2) Rigid metal conduit (steel RMC) within an enclosed construction dedicated to the fire pump circuit(s) having a minimum of a 2-hour fire resistance rating.
(3) A listed electrical circuit protective system with a minimum 2-hour fire resistance rating. The installation shall comply with any restrictions provided in the listing of the electrical circuit protective system.
Exception: The supply conductors located in the electrical service room and generator room where they originate and in the fire pump room shall not be required to have the minimum 2-hour fire separation or fire resistive rating.
(2) Limited Service Fire Pumps. Limited service fire pump supply conductors shall be installed in rigid metal conduit (steel RMC) or intermediate metal conduit (steel IMC).
Exception: Where there are multiple sources of supply with means of automatic transfer from one source to the other, electrical metallic tubing (EMT) shall also be permitted.
Exception No. 1: Liquidtight flexible metal conduit (maximum of 915mm (36 in.)) is permitted for final connection to motor terminal housing.
Exception No. 2: Intermediate metal conduit (steel IMC) and electrical metallic tubing (EMT) shall be permitted for limited service fire pumps.
SECTION 695.10
Section 695.10—Revise to read as follows:
695.10 Listed Equipment. Diesel engine driven fire pump controllers, electric fire pump controllers, electric motors, fire pump transfer switches, foam pump controllers, and limited service controllers shall be listed and approved for fire pump use.
SECTION 695.14
Subsection 695.14(E):—Revise to read as follows:
Exception: Electrical metallic tubing (EMT) shall be permitted for limited service fire pump control wiring.
Subsection 695.14(F)—Add an Exception to read as follows:
Exception: Electrical metallic tubing shall be permitted for limited service fire pump control wiring where provided with emergency generator supply.
CHAPTER 7SPECIAL CONDITIONS
ARTICLE 700Emergency Systems
SECTION 700.4
Subsection 700.4(A)—Revise to read as follows:
Subsection 700.4(E)—Revise to read as follows:
7.13.3: Delete in its entirety.
7.13.4.1(11): Revise to read as follows: The load test with building load or other loads that simulate intended load shall continue for 2 hours observing and recording load changes and the resultant effect on voltage and frequency.
7.13.10.2: Delete and replace with the following: The complete crank/rest cycle shall consist of 3-15 second crank cycles with 15 second rest periods between cranks.
7.13.13: Add a new paragraph to read as follows: Transfer switches shall be tested in accordance with 8.4.6 as modified herein.
Subsection 700.4(F)—Add a new subsection 700.4(F) to read as follows:
8.2: Delete in its entirety.
8.3.4: Delete and replace with the following: A written record of the EPSS inspection, tests, exercising, operation, and repairs shall be maintained on premises and made available to the department on request. Records shall be inclusive of the transfer switches and storage batteries.
8.4.4.1: Add a new sentence to read as follows: Inspection shall consist of examination of all EPSS components for leaks, abnormal device position and of all alarm/trouble indicators.
8.4.5: Delete in its entirety.
8.4.6: Replace “monthly” with “semi-annually”.
8.4.6.1: Replace “monthly” with “semi-annually”.
SECTION 700.5
Subsection 700.5 (B)—Delete third paragraph of subsection 700.5(B), revise the first paragraph of such subsection and add a FPN to read as follows:
FPN: Peak reduction program may require utility approval.
SECTION 700.6
Subsection 700.6 (E)—Add a new subsection 700.6(E) to read as follows:
Subsection 700.6 (F)—Add a new subsection 700.6(F) to read as follows:
Subsection 700.6 (G)—Add a new subsection 700.6(G) to read as follows:
SECTION 700.7
Section 700.7—Revise to read as follows:
Audible and visual signal devices shall be provided at a continuously supervised location for the following purposes:
SECTION 700.9
Subsection 700.9(A)—At the end of the subsection add the following:
All accessible raceways, boxes and enclosures (including transfer switches, generators and power panels) for emergency circuits shall be permanently marked so they will be readily identified as a component of an emergency circuit or system. Accessible raceways shall be marked at least once every 3 m (10 ft). Acceptable means of marking shall include, but is not limited to, a permanently affixed identification nameplate, yellow in color with black lettering.
Subsection 700.9(B)—Revise Exception to (5)(b) to read as follows:
Exception to (5)(b): Overcurrent protection shall be permitted at the source for the equipment, provided the overcurrent protection is selectively coordinated in the overcurrent range with the downstream overcurrent protection.
SECTION 700.10
Section 700.10—Add a new section 700.10 to read as follows:
700.10 Conductors for Emergency Circuits.
(1) Circuits supplying fire system pumps shall be connected directly to the emergency generator with only one overcurrent protective device which shall be rated at not less than 150 percent and not more than 600 percent of the pump full load current.
Exception: Limited service fire pumps shall be protected by an overcurrent device selected at 150 percent of motor full load current. The next largest available device size may be used where selection results in a non-standard device size.
(2) Where multiple generators are paralleled, the connection for the fire system pumps shall be taken from the generator paralleling bus.
Exception: Limited service fire pumps are not required to be directly connected to the emergency generator and may have additional overcurrent protective devices.
(3) Conductors and transformers feeding the system shall be sized at 125 percent of the pump full load current.
(4) Separate circuits shall be used for each fire system pump.
(1) 208/120V systems-by a dedicated fused disconnecting means.
(2) 460/265V systems-by a dedicated fused disconnecting means with fused disconnecting means on the secondary of the associated transformer.
SECTION 700.12
Section 700.12—Revise the fourth paragraph, add a new Exception to read as follows and delete the FPNs:
Fire, sprinkler, standpipe, smoke detection, oxygen, nitrous oxide and other alarm or extinguishing systems shall be connected to the line side of the service equipment and shall have separate overcurrent protection.
Exception: Such systems installed for local area protection only, may connect ahead of the supply to the area protected.
Subsection 700.12(A)—Revise the first paragraph and add a FPN to read as follows:
Storage batteries may be used as a source of power for emergency lighting systems and shall be of suitable rating and capacity to supply and maintain the total load for a minimum period of 11/2 hours, without the voltage applied to the load falling below 871/2 percent of normal. Storage batteries may be used for other emergency systems only where special permission is granted for such use.
FPN: See Article 760 for additional information on the use of batteries for fire alarm systems.
Subsection 700.12(B)(2)—Revise first sentence and add a FPN to read as follows:
Where internal combustion engines are used as the prime mover, an on-site fuel supply shall be provided sufficient for not less than 6 hours of operation at full demand load.
FPN: Some installations may require more than 6 hours of fuel supply. See Articles 517 and 708.
Subsection 700.12(B)(6)—Revise to read as follows:
Subsection 700.12(B)(7)—Add new subsection 700.12(B)(7) to read as follows:
FPN: See 250.34 for grounding of generator frame.
(a) Separately Derived System. Where a temporary portable generator is a separately derived system, it shall be grounded in accordance with 250.30.
(b) Not A Separately Derived System. Where a temporary portable generator is not a separately derived system, a grounding connection shall not be made to the grounded circuit conductor.
Subsection 700.12(C)—Revise to read as follows:
Subsection 700.12(D)—Revise the first sentence of subsection to read as follows:
Where acceptable to the commissioner as suitable for use as an emergency source, a second service independent of the source normally supplying the building shall be permitted.
Subsection 700.12(E)—Revise the first sentence to read as follows: Fuel cell systems shall be permitted to be used as a source of power for emergency systems in R-2 occupancies and shall be of suitable rating and capacity to supply and maintain the total load for not less than 6 hours of full-demand operation.
SECTION 700.26
Section 700.26—Revise to read as follows:
700.26 Ground Fault Protection of Equipment. The alternate source for emergency systems shall not be permitted to have ground fault protection for equipment with automatic disconnecting means. Ground fault indication of the emergency source shall be provided pursuant to 700.7(D).
SECTION 700.27
Section 700.27—Revise to read as follows:
700.27 Coordination. Emergency system(s) overcurrent devices shall be selectively coordinated in the overcurrent range with all supply side overcurrent protective devices.
SECTION 700.30
Section 700.30—Add a new section 700.30 under a new part “VII Grounding” to read as follows:
700.30 General. Grounding shall be in accordance with the provisions of Article 250.
SECTION 700.31
Section 700.31—Add a new section 700.31 to read as follows:
700.31 Control Circuits.
ARTICLE 701Legally Required Standby Systems
SECTION 701.5
Subsection 701.5(A)—Revise to read as follows:
Subsection 701.5(E)—Revise to read as follows:
Subsection 701.5(F)—Add a new subsection 701.5(F) to read as follows:
SECTION 701.6
Section 701.6—Add a new FPN to read as follows:
FPN: Peak reduction program may require utility approval.
SECTION 701.7
Subsection 701.7(D)—Add a new subsection 701.7(D) to read as follows:
Subsection 701.7(E)—Add a new subsection 701.7(E) to read as follows:
Subsection 701.7(F)—Add a new subsection 701.7(F) to read as follows:
SECTION 701.8
Section 701.8—Revise the first sentence to read as follows:
Audible and visual signal devices shall be provided at a continuously supervised location for the following purposes:
SECTION 701.10
Section 701.10—Revise to read as follows:
701.10 Wiring and Conductors for Legally Required Standby Systems.
(1) Ampacity. See 445.13.
(2) Installation of Generator Conductors. Generator conductors to the first disconnecting means shall be installed in accordance with the requirements of Article 230.
(3) Overcurrent Devices. There shall be no limit to the number of overcurrent devices connected to the generator terminal devices.
SECTION 701.11
Subsection 701.11(B)(2)—Revise to read as follows:
Exception: Legally required standby generators relying on natural gas as a fuel supply shall not be required to maintain an on-site fuel supply.
FPN: Some installations may require more than 6 hours of fuel supply. See Articles 517 and 708.
FPN: See 250.34 for grounding of the generator frame.
Subsection 701.11(F)—Revise the first sentence to read as follows: Fuel cell systems used as a source of power for legally required standby systems shall be of suitable rating and capacity to supply and maintain the total load for not less than 6 hours of full-demand operation.
SECTION 701.18
Section 701.18-Revise to read as follows:
701.18 Coordination. Legally required standby system(s) overcurrent devices shall be selectively coordinated in the overcurrent range with all supply side overcurrent protective devices.
ARTICLE 702Optional Standby Systems
SECTION 702.2
Section 702.2—Revise the first sentence to read as follows:
Those systems not required by municipal, state, federal, or other codes or by any governmental agency having jurisdiction.
SECTION 702.6
Section 702.6—At the Exception, add a second sentence to read as follows:
Portable generators shall not be paralleled with permanent optional standby sources, except by special permission.
SECTION 702.12
Section 702.12—Add a new section 702.12 to read as follows:
702.12 Portable and Temporary Generators. Portable and temporary generators shall comply with 700.6(G) and 700.12(B)(7).
ARTICLE 705Interconnected Electric Power Production Sources
SECTION 705.40
Section 705.40—Add a new paragraph after the first paragraph to read as follows:
Special detection methods shall be required to determine that a primary source supply system outage has occurred, and whether there should be automatic disconnection. When the primary source supply is restored, special detection methods shall be required to limit exposure of power production to out-of-phase reconnection.
Delete the Exception in its entirety.
Delete FPN No. 1 in its entirety.
SECTION 705.42
Section 705.42—Delete the words “or legally required standby” from the last sentence and delete the Exception in its entirety.
ARTICLE 708Critical Operations Power Systems (COPS)
Re-designate FPN as FPN No. 2 and add FPN No. 1 to read as follows:
FPN No. 1: Determination of a Designated Critical Operations Area (DCOA) and the Critical Operations Power Systems (COPS) needed in its support shall be made by the local, state or federal authority having jurisdiction (AHJ) over the operation. Such authority will establish the basis for the risk assessment, confirm acceptability of the mitigation strategy and determine compliance with the requirements of this article.
ARTICLE 725Class 1, Class 2, and Class 3 Remote-Control, Signaling, and Power-Limited Circuits
SECTION 725.2
Section 725.2—Revise the first definition, “Abandoned Class 2, Class 3, and PLTC Cable” and FPN as follows:
Abandoned Class 2, Class 3 and PLTC Cable. Installed Class 2, Class 3 and PLTC Cable that are not terminated at equipment and not identified for future use with a tag at each end identifying the location of the opposing end.
FPN Replace “725.21” with “725.41”.
SECTION 725.3
Subsection 725.3(C)—Revise the Exception to read as follows:
Exception: Type CL2P or Type CLP3P cables shall be permitted for Class 2 and Class 3 circuits installed in other spaces used for environmental air in accordance with 725.154(A).
SECTION 725.24
Section 725.24—Revise the third sentence and add a new FPN to read as follows:
Such cables shall be supported by approved non-combustible straps, staples, cable ties, hangers or similar fittings and related installation accessories designed and installed so as not to damage the cables.
FPN: Exposed wiring is intended to be securely held in place to avoid entanglement of fire response personnel during fire conditions.
SECTION 725.25
Section 725.25—Revise the title to read as follows:
Abandoned Cables, Power Sources and Other Associated Equipment.
Add an additional sentence at the end of the paragraph to read as follows:
Abandoned Cables, Power Sources and other associated equipment shall be removed. Power sources and other associated equipment not tagged for future use shall be de-energized.
SECTION 725.127
Section 725.127—Revise the Exception by replacing “14 AWG” with “12 AWG.”
SECTION 725.130
Section 725.130(A)—Delete Exception No. 2 and the FPN in their entirety.
SECTION 725.136
Section 725.136—Delete the words “non-power limited fire alarm”.
Subsection 725.136(B)—Delete the words “non-power limited fire alarm”.
Subsection 725.136(C)—Delete the words “non-power limited fire alarm”.
Subsection 725.136(D)—Delete the words “non-power limited fire alarm”.
Subsection 725.136(H)—Delete the words “rigid nonmetallic conduit,” and “liquidtight flexible nonmetallic conduit,”.
SECTION 725.139
Section 725.139(E)(1)—Delete the subsection in its entirety.
SECTION 725.154
Section 725.154(A)—Revise the title and first and second sentences to read as follows:
ARTICLE 727Instrumentation Tray Cable: Type ITC
SECTION 727.4
Section 727.4—Revise to read as follows:
727.4 Uses Permitted. Where approved, Type ITC cable shall be permitted to be used as follows in industrial establishments where conditions of maintenance and supervision ensure that only qualified persons will service the installation:
ARTICLE 760Fire Alarm Systems
SECTION 760.1
Section 760.1—Revise FPN No. 1 by deleting the words “guard’s tour,” in first sentence and revise the last sentence to read as follows:
For further information on the installation and monitoring of integrity requirements for fire alarm systems, refer to NFPA 72, National Fire Alarm Code, 2002 edition.
Add a new FPN No. 3 to read as follows:
FPN No. 3: See Section BC 907 of the NYC Building Code for components description and use.
SECTION 760.2
Section 760.2—At the end of the definition of “Abandoned Fire Alarm Cable” add the following words: “However, a tag shall be securely fixed to each end indicating location of opposing end.”
SECTION 760.3
Subsection 760.3(B)—Delete the subsection in its entirety.
Subsection 760.3(F)—Revise to read as follows:
Subsection 760.3(G)—Revise to read as follows:
SECTION 760.24
Section 760.24—Add the following words at the end of the paragraph: “Raceways, where installed shall be minimum 1.9cm (3/4 in.) trade size. See 760.52 and 760.131 for installations requiring raceways.”
SECTION 760.25
Section 760.25—Add the following words at the end of the paragraph: ” and securely fixed to each end indicating location of opposing end.”
SECTION 760.32
Section 760.32—Revise to read as follows:
760.32 Fire Alarm Circuits Extending Beyond One Building. Power-limited fire alarm circuits that extend beyond one building and run outdoors shall be installed in raceway in accordance with Articles 342 or 344. Non-power limited fire alarm circuits that extend beyond one building and run outdoors shall meet the installation requirements of Part 1 of Article 300 and the applicable sections of Part 1 of Article 225 and shall be installed in raceway in accordance with Article 342 or 344.
SECTION 760.33
Section 760.33—Add a new section 760.33 to read as follows;
760.33 Fire Alarm Circuit and Equipment Grounding. Fire alarm circuits and equipment shall be grounded in accordance with Article 250 and shall comply with the following requirements:
SECTION 760.41
Section 760.41- Delete the section in its entirety and replace to read as follows:
760.41 Power Source Requirements. The power source for fire alarm circuits shall comply with the following:
(1) Primary Power Supply for the Fire Alarm System. Primary power supply for the fire alarm system shall be connected to the primary power source ahead of all building service disconnecting means so that the building service disconnecting means can be opened without de-energizing the fire alarm supply. All utility metering of the fire alarm system, including disabling or removal of meters, shall maintain power continuity to the fire alarm system at all times.
(2) Limited Interior Fire Alarm Systems. Primary power supply for sub-systems or other limited interior fire alarm systems may be connected to the power supply through the protected area of such systems by means of a connection ahead of the disconnecting means for the power supply to the protected area.
FPN: Sub-systems and limited interior fire alarm systems may also use the connected means defined in paragraph (1) where available.
(1) Generally. Emergency power systems complying with Chapter 27 of the 2008 Building Code shall be permitted to serve as a secondary power source or
(2) Existing Buildings. Emergency power systems and/or emergency generators in existing buildings in compliance with Title 27, chapter 1, subchapter 6, section 27-396.4 of the Administrative Code (also referred to as the 1968 Building Code) shall be permitted to serve as the secondary power source.
The secondary power supply shall be connected such that all other disconnecting means serving other building emergency loads can be opened without de-energizing the facility fire alarm secondary power supply.
FPN: The use of a main disconnecting means on the output of the generator(s) is permitted where the disconnection of all other loads does not interrupt the facility fire alarm system secondary power supply.
(1) With Voice Communications Capability. Supervisory operation for 24 hours followed by full load operation for 6 hours for systems with voice communications capability.
FPN: A 45 minute period of voice and alarm operation at the maximum connected load shall be considered equivalent to 6 hours of total system operation.
(2) Without Voice Communications Capability. Supervisory operation for 24 hours followed by full load operation for 15 minutes for systems without voice communications capability.
(3) Sub-systems or Other Limited Interior Fire Alarm Systems. Supervisory operation for 24 hours followed by full load operation for 5 minutes for sub-systems or other limited interior fire alarm systems operating within a facility that reports to the overall facility fire alarm system.
(1) Intermediary devices between the fire alarm system power supply and the power source, other than fused disconnect switches, transformers and automatic transfer switches are prohibited. Such disconnect switches, transformers and automatic transfer switches shall supply only the fire alarm system and other systems specifically permitted by applicable New York City rules and regulations.
(2) The primary and secondary power source shall each be provided with a means of disconnect from the fire alarm system. Each disconnect shall consist of a fused disconnect switch, locked in the ON position and the key shall be kept on premises and made accessible only to authorized personnel. Such disconnect shall be painted red and permanently identified as a fire alarm circuit and labeled as to system/location served, with a means of interrupting the unfused grounded and all ungrounded conductors.
(3) The fire alarm system fused disconnect switch on the transformer secondary side shall comply with the requirements of the primary and secondary power source fused disconnect switches pursuant to Article 240.
(4) For buildings served at up to 300 volts to ground, the service voltage shall be transformed to 208/120 volts and a fire alarm fuse disconnect provided within a circuit length of ten (10) feet, shall be connected at the transformer secondary on the 208/120 volt side. Fused cutouts shall be provided where multiple circuits are required to support the fire alarm system and related auxiliaries mounted in a fused cutout panel suitable for the number of circuits needed.
SECTION 760.43
Section 760.43—Revise the first sentence by replacing “14 AWG” with “12 AWG” and delete the last sentence.
SECTION 760.45
Section 760.45—Delete the Exceptions and the FPN in their entirety.
SECTION 760.46
Section 760.46—Revise to read as follows:
760.46 NPLFA Circuit Wiring. Installation of non-power limited fire alarm circuits shall be in accordance with applicable portions of 110.3(B), 300.7, 300.15, 300.17 and other appropriate articles of Chapter 3 using raceway methods described in 342 and 344 or use Type MI Cable in accordance with 332.
Exception No. 1: As provided in 760.48 through 760.53.
Exception No. 2: Where other articles of this Code require other methods.
SECTION 760.48
Subsection 760.48(A)—Revise to read as follows:
Subsection 760.48(B)—Revise to read as follows:
SECTION 760.49
Subsection 760.49(A)—Revise to read as follows:
Subsection 760.49(B)—Delete the FPN in its entirety and revise to read as follows:
Subsection 760.49(C)—Revise to read as follows:
SECTION 760.51
Subsection 760.51(A)—Delete the words “and Class 1 Circuits” in title and “and Class 1 circuit” in text.
Subsection 760.51(B)—Delete the subsection in its entirety.
Subsection 760.51(C)—Revise to read as follows:
SECTION 760.52
Section 760.52—Add a new section 760.52 to read as follows:
760.52 Mechanical Execution of Work. Installation shall comply with the following:
Exception: For mechanical rooms and elevator rooms having a floor area of less than 900 square feet, installation pursuant to Articles 332, 342, 344 or 358 is permitted without height limitation.
(1) Covers of boxes, enclosures and cabinets shall be painted red and permanently identified as to use.
(2) Penetrations through rated walls, ceilings and floors shall be fire stopped.
(3) Raceways or wiring shall not penetrate the top of any control equipment cabinet or enclosure.
(4) Raceways installed up to 2.4m (8 ft.) in stairways shall not reduce or obstruct required stairway radius or egress path.
SECTION 760.53
Section 760.53—Delete the section in its entirety and replace to read as follows:
760.53 Fire Alarm Circuit Integrity (CI) Cable. Cables suitable for use in fire alarm systems to ensure survivability of critical circuits during a specified time under fire conditions shall be listed as circuit integrity cable. Cables so identified shall have the classification “CI-NYC certified fire alarm cable”
SECTION 760.121Subsection 760.121(A)—Delete FPN Nos. 1 and 2 in their entirety.
SECTION 760.124Section 760.124 -Delete the FPN in its entirety.
SECTION 760.127Section 760.127 -Delete the Exception in its entirety.
SECTION 760.130Subsection 760.130(A)—Revise Exception No. 2 by adding “760.51” after “760.49”, delete Exception No. 3 and delete the FPN in their entirety.
Subsection 760.130(B)—Revise the last sentence to read as follows:
Devices shall be installed in accordance with Sections 110.3(B), 300.11(A) and 300.15 with all wiring supported independently from the building structure.
Subsection 760.130(B)(1)—Revise to read as follows:
Subsection 760.130(B)(2)—Revise to read as follows:
FPN: Protection by building construction includes, but is not limited to, raised floors, shafts, telephone and communications equipment rooms and closets, and rooms used exclusively for fire alarm equipment.
Subsection 760.130(B)(3)—Delete the words “rigid nonmetallic conduit,”.
Subsection 760.130(B)(4)- Add a new subsection 760.130(B)(4) to read as follows:
SECTION 760.131
Section 760.131—Add a new section 760.131, to read as follows:
760.131 Mechanical Execution of Work. Installation shall conform to the following requirements:
Exception: For mechanical rooms and elevator rooms having a floor area of less than 900 square feet, installation pursuant to Articles 332, 342, 344 or 358 is permitted without height limitation.
(1) Covers of boxes, enclosures and cabinets shall be painted red and permanently identified as to use.
(2) Penetrations through rated walls, ceilings and floors shall be fire stopped.
(3) Raceways or wiring shall not penetrate the top of any control equipment cabinet or enclosure.
(4) Raceways installed up to 2.4m (8 ft.) in stairways shall not reduce or obstruct required stairway radius or egress path.
(5) Cables shall be secured by cable ties, straps or similar fittings designed and installed so as to not damage cables. Such fittings shall be secured in place at intervals not exceeding 1.5m (5 ft.) on center and within 0.3m (1 ft.) of associated cabinet, enclosure, or box.
SECTION 760.136
Subsection 760.136(D)(2)(a)—Replace “Type FPL, FPLR, FPLP or permitted substitute cables” with “type FPLP ‘NYC certified fire alarm cable”’ or other NYC certified fire alarm cable”.
Subsection 760.136(D)(2)(b)—Delete the subsection in its entirety.
Subsection 760.136(F)—From the first sentence, delete “rigid nonmetallic conduit” and “liquidtight flexible nonmetallic conduit”.
Subsection 760.136(G)(1)(b)—Revise to read as follows:
SECTION 760.139Section 760.139—Delete the section in its entirety.
SECTION 760.142Section 760.142—Revise to read as follows:
760.142 Conductor Size. Conductors shall not be smaller than 18 AWG in size.
SECTION 760.143
Section 760.143—Revise to read as follows:
760.143 Support of Conductors. Power-limited fire alarm circuit conductors shall not be strapped, taped, or attached by any means to the exterior of any piping, duct, conduit, or raceway as a means of support.
SECTION 760.154
Subsection 760.154(A)—Revise to read as follows:
Subsection 760.154(B)(1)—Replace “Type FPLR” with “Type FPLP ‘NYC Certified Fire Alarm Cable’ or other NYC Certified Fire Alarm Cable” in each of two locations.
Subsection 760.154(B)(2)—At the beginning of the sentence, replace “Other cables” with “FPLP ‘NYC Certified Fire Alarm Cable”’.
Subsection 760.154(C)—Delete the subsection in its entirety and revise to read as follows:
Subsection 760.154(D)—Revise the subsection to read as follows:
Delete the Figure, Table and FPN in their entirety.
SECTION 760.176
Section 760.176 (G)—Delete the first sentence of the first paragraph, the FPN and the Table in their entirety.
SECTION 760.179
Section 760.179—Revise the title to read as follows:
760.179 Listing and Marking of PLFA Cables and Insulated Continuous Line-Type Fire Detectors.
Subsection 760.179(B)—Revise to read as follows:
Subsection 760.179(D)—Delete the FPN in its entirety and revise to read as follows:
(1) Type FPLP only; minimum insulation thickness 15 mils; minimum temperature 150 C.
(2) Red colored jacket overall; minimum thickness 25 mils.
(3) Cable marked as per UL 1424 must bear additional description “ALSO CLASSIFIED NYC CERT. FIRE ALARM CABLE,” legible without removing jacket.
Subsection 760.179(E)—Delete the subsection in its entirety.
Subsection 760.179(F)—Delete the subsection in its entirety.
Subsection 760.179(G)—Revise by deleting “CI” from the first sentence of the first paragraph and replacing with “CI- ‘NYC Certified Circuit Integrity Fire Alarm Cable”’ and deleting “(E), (F)” in the second sentence of the first paragraph.
Subsection 760.179(H)—Replace “Type FPLP, FPLR, or FPL cable” at end of sentence with “Type FPLP ‘NYC certified fire alarm cable”’.
Subsection 760.179(I)—Delete subsection 760.179(I) and add a new 760.179(I) to read as follows:
Subsection 760.179(J)—Delete “through (F)” in fourth line of the paragraph.
Subsection 760.179(K)—Add new subsection 760.179(K) to read as follows:
760.179(K) Listed Fire-Rated Assemblies. MI cable meeting the requirements of Article 332 or listed fire-rated assemblies that have a minimum fire rating of 2 hours shall be permitted when installed in accordance with the listing requirements.
ARTICLE 770Optical Fiber Cables and Raceways
SECTION 770.2
Section 770.2—Revise the definition of “Abandoned Optical Fiber Cable” to read as follows:
Abandoned Optical Fiber Cable. Installed optical fiber cable that is not terminated at equipment other than a connector and not identified for future use with a tag securely fixed to each end and indicating the location of the opposing end.
SECTION 770.3
Section 770.3—Revise first sentence to read as follows:
Circuits and equipment shall comply with 770.3(A), (B) and (C).
Subsection 770.3(C)—Add a new subsection 770.3(C) to read as follows:
SECTION 770.25
Section 770.25—Revise title to read “Abandoned Cables and Power Sources.” and add a new third sentence to read as follows:
Abandoned Power Sources and other associated equipment shall be removed. Power sources and other associated equipment not tagged for future use shall be de-energized.
SECTION 770.48
Subsection 770.48(A)—Revise subsection 770.48(A) to read as follows:
Exception No. 1: In areas of special flood hazard, as defined in Section G201.2 of Appendix G of the New York City Building Code, the length of such cabling may exceed 15 m (50 ft) to the extent necessary to provide direct delivery to a level 1.52 m (5 ft) above the design flood elevation specified in Section 7.1 (Table 7-1) of Section G501.1 of Appendix G of the New York City Building Code, provided that:(1) Such cabling shall not extend more than 3 m (10 ft) beyond the lowest story having its floor above the design flood elevation; and(2) Such cabling shall not be installed in ducts used for environmental air or in plenums used for environmental air.
Exception No. 2: In areas designated within a shaded X-Zone, as defined in Section G201.2 of Appendix G of the New York City Building Code, the length of such cabling may exceed 15 m (50 ft) to the extent necessary to provide direct delivery to a level 1.52 m (5 ft) above the 500-year flood elevation, as defined in Section G201.2 of Appendix G of the New York City Building Code, provided that:(1) Such cabling shall not extend more than 3 m (10 ft) beyond the lowest story having its floor above the design flood elevation; and(2) Such cabling shall not be installed in ducts used for environmental air or in plenums used for environmental air.
FPN No. 1: Splice cases or terminal boxes, both metallic and plastic types, typically are used as enclosures for splicing or terminating optical fiber cables.
FPN No. 2: See 770.2 for the definition of Point of Entrance.
Subsection 770.48(B)—Delete the words “Article 352, Rigid Polyvinyl Chloride Conduit: Type PVC”.
SECTION 770.100
Subsection 770.100(A)(3)—Revise the first sentence by replacing “14 AWG” with “12 AWG”.
SECTION 770.133
Subsection 770.133(A)—Delete the words “non-power-limited fire alarm” throughout.
Subsection 770.133(B)(2)—Delete the subsection in its entirety.
Subsection 770.133(D)—Add a new subsection 770.133(D) to read as follows:
SECTION 770.154
Subsection 770.154(A)—Revise to read as follows:
CHAPTER 8Communications Systems
ARTICLE 800Communications Circuits
SECTION 800.2
Section 800.2—Revise the definition of “Abandoned Communications Cable” to read as follows:
Abandoned Communications Cable. Installed communications cable that is not terminated at both ends at a connector or other equipment and not identified for future use with a tag securely fixed to each end and indicating the location of the opposing end.
SECTION 800.24
Section 800.24—Revise the second sentence to read as follows:
Cables installed exposed on the surface of ceilings and sidewalls shall be supported by the building structure in such a manner that the cable will not be damaged by normal building use or present a safety hazard.
SECTION 800.25
Section 800.25—Revise the title and first sentence to read as follows:
800.25 Abandoned Cables, Power Sources & Other Associated Equipment. The accessible portion of abandoned communications cables, power sources and other special equipment shall be removed. Cables, power sources and other special equipment not tagged for future use shall be de-energized.
SECTION 800.48
Section 800.48—Add two exceptions to the end of section 800.48 to read as follows:
Exception No. 1: In areas of special flood hazard, as defined in Section G201.2 of Appendix G of the New York City Building Code, the length of such cabling may exceed 15 m (50 ft) to the extent necessary to provide direct delivery to a level 1.52 m (5 ft) above the design flood elevation specified in Section 7.1 (Table 7-1) of Section G501.1 of Appendix G of the New York City Building Code, provided that:(1) Such cabling shall not extend more than 3 m (10 ft) beyond the lowest story having its floor above the design flood elevation; and(2) Such cabling shall not be installed in ducts used for environmental air or in plenums used for environmental air.
Exception No. 2: In areas designated within a shaded X-Zone, as defined in Section G201.2 of Appendix G of the New York City Building Code, the length of such cabling may exceed 15 m (50 ft) to the extent necessary to provide direct delivery to a level 1.52 m (5 ft) above the 500-year flood elevation, as defined in Section G201.2 of Appendix G of the New York City Building Code, provided that:(1) Such cabling shall not extend more than 3 m (10 ft) beyond the lowest story having its floor above the design flood elevation; and(2) Such cabling shall not be installed in ducts used for environmental air or in plenums used for environmental air.
SECTION 800.100
Subsection 800.100(A)(3)—Replace “14 AWG” with “12 AWG”.
SECTION 800.133
Section 800.133—Revise to read as follows:
800.133 Communications wires, cables and equipment inside of buildings shall not be installed in electric closets and shall comply with 800.133(A) through (D).
Subsection 800.133(D)—Add a new subsection 800.133(D) to read as follows:
SECTION 800.154
Subsection 800.154(A)—Revise to read as follows:
Installation of hybrid power and communications cable shall be performed by licensed master or special electricians.
ARTICLE 810Radio and Television Equipment
SECTION 810.58
Subsection 810.58(C)—Replace “14 AWG” with “12 AWG”.
ARTICLE 820Community Antenna Television and Radio Distribution Systems
SECTION 820.2
Section 820.2—Revise the definition of “Abandoned Coaxial Cable” to read as follows:
Abandoned Coaxial Cable. Installed coaxial cable that is not terminated at equipment other than a coaxial connector and not identified for future use with a tag securely fixed to each end and indicating the location of the opposing end.
SECTION 820.25
Section 820.25—Revise to read as follows:
820.25 Abandoned Cables. The accessible portion of abandoned coaxial cables shall be removed. Where a coaxial cable is identified for future use with a tag, the tag shall be of sufficient durability.
SECTION 820.100
Subsection 820.100(A)(3)—Replace “14 AWG” with “12 AWG”.
SECTION 820.133
Subsection 820.133(A)(1) Exception No. 1—Delete the words “non-power-limited fire alarm,”.
Subsection 820.133(A)(1)(a)(2)—Delete 820.133(A)(1)(a)(2) in its entirety.
Subsection 820.133(A)(2) Exception No. 1—Delete the words “non-power-limited fire alarm,”.
Subsection 820.133(A)(2)—Delete Exception No. 2 in its entirety.
Subsection 820.133(C)—Add a new subsection 820.133(C) to read as follows:
SECTION 820.154
820.154(A) Revise the title to read as follows:
ARTICLE 830Network—Powered Broadband Communications Systems
SECTION 830.2Section 830.2—Revise the definition of “Abandoned Network-Powered Broadband Communications Cable” to read as follows:
Abandoned Network-Powered Broadband Communications Cable. Installed network-powered broadband communications cable that is not terminated at equipment other than a connector and not identified for future use with a tag securely fixed to each end and indicating the location of the opposing end.
SECTION 830.25Section 830.25—Revise the second sentence to read as follows:
Where a network-powered broadband communications cable is identified for future use with a tag, the tag shall be of sufficient durability.
SECTION 830.100
Subsection 830.100(A)(3)—Replace “14 AWG” with “12 AWG”.
SECTION 830.133
Subsection 830.133(A)(1)(b)(2)—Delete the subsection in its entirety.
Subsection 830.133(A)(1)(d)—Delete the following words from Exception No. 1: “non-power limited fire alarm”.
Subsection 830.133(D)—Add a new subsection 830.133(D) to read as follows:
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