Chapter 26 - DEPARTMENT OF BUILDINGS

Section 641.

Section 641.

  §641.  Department;  commissioner.  There  shall  be  a  department  of
buildings, the head of which shall be the commissioner of buildings. The
commissioner or the first deputy  commissioner  shall  be  a  registered
architect or a licensed professional engineer in good standing under the
education law.

Section 642.

Section 642.

  §642.  Deputies.  The  commissioner shall appoint two deputies, one of
whom shall be the first deputy commissioner. The  commissioner  may,  by
instrument  in  writing  filed  with  the department, designate a deputy
commissioner who is a registered architect or  a  licensed  professional
engineer  to  possess  any  of the powers granted to the commissioner by
subdivision (b) or  (d)  of  section  six  hundred  forty-five  of  this
chapter. The deputy commissioner so designated shall possess such powers
in  addition  to  any other powers that may be assigned to him or her by
the commissioner pursuant to any other provision of law.

Section 643.

Section 643.

  §  643.  Department;  functions.  The  department  shall enforce, with
respect to buildings and structures, such  provisions  of  the  building
code,  zoning  resolution,  multiple  dwelling  law, labor law and other
laws, rules and regulations as may govern the construction,  alteration,
maintenance,  use,  occupancy,  safety,  sanitary conditions, mechanical
equipment and inspection of buildings or structures  in  the  city,  and
shall perform the functions of the city of New York relating to
  (1)  the  designation  of  buildings  and structures as unsafe and the
necessary legal action in relation thereto prior to the removal  of  the
unsafe  condition  through  demolition  or sealing except as provided in
section eighteen hundred two of this charter;
  (2) the shoring of hazardous and unsafe buildings and structures;
  (3) the testing and approval of  power-operated  cranes  and  derricks
used   for   construction,   alteration,   demolition,   excavation  and
maintenance purposes, including such uses in highways or sewers, or used
to hoist or lower any article on the outside of any building,  excluding
cranes and derricks used in industrial plants or yards;
  (4)  the  location,  construction,  alteration  and  removal of signs,
illuminated or non-illuminated, attached to the exterior of any building
or structure;
  (5) (i) all surface and subsurface construction within the curb  line,
including  curb  cuts  and driveways, the covering thereof and entrances
thereto, and the issuance of  permits  in  reference  thereto,  (ii)  in
conjunction  with  the  issuance  of  permits for surface and subsurface
construction  within  the  curbline,   such   surface   and   subsurface
construction outside the curbline as shall be expressly delegated to the
department  in  the  administrative  code and the issuance of permits in
relation thereto and, (iii) notwithstanding any  inconsistent  provision
of  section  fourteen hundred three of this charter, in conjunction with
the issuance of a  permit  for  the  construction  of  a  building,  the
commissioner  may approve the installation of and issue a permit for the
construction of an individual on site private sewage disposal system for
the premises. Such permit shall be issued in accordance  with  standards
and  specifications prescribed by the commissioner, in consultation with
the commissioner of environmental protection, for  the  installation  of
individual on site private sewage disposal systems;
  (6) the regulation, inspection and testing of gas and electricity used
for  light,  heat  and  power  purposes, electric, gas and steam meters,
electric wires and all lights furnished to the city; and
  (7) the regulation, inspection  and  testing  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  and  data  transmission  in or on any building or
structure in the city; provided, however, that the jurisdiction  of  the
department, except for the testing and approval of power-operated cranes
and  derricks  used for construction, alteration, demolition, excavation
and maintenance purposes and the licensing  of  the  operators  of  such
equipment, the regulation, inspection and testing of gas and electricity
used for light, heat and power purposes, electric, gas and steam meters,
electric  wires and lights and the regulation, inspection and testing of
wiring and appliances for electric light,  heat  and  power,  shall  not
extend   to  waterfront  property  owned  by  the  city  and  under  the
jurisdiction  of  the  department  of  ports,  international  trade  and
commerce,  or  to  the  following  structures  on  any  such  waterfront
property; wharves, piers, docks, bulkheads, structures wholly or  partly
thereon,  or  to  such  other  structures used in conjunction with or in
furtherance of waterfront commerce or navigation, or to bridges, tunnels
or subways or structures appurtenant thereto.

Section 645.

Section 645.

  §  645.  Offices of the department; powers and duties. (a) There shall
be a main office of the department and in  each  borough  at  least  one
branch  office  and  a  borough  superintendent.  Persons  appointed  as
inspectors to perform  functions  of  the  department  shall  have  such
qualifications  as  shall  be prescribed by the commissioner of citywide
administrative  services  after  consultation  with  the   commissioner;
provided however that such qualifications shall include:
  (1)  a  minimum  of  five  years  acceptable  experience  working at a
construction trade; or
  (2) a license as a professional engineer or architect issued  pursuant
to the education law; or
  (3)  a  minimum  of  three years of acceptable experience working at a
construction trade and a minimum of two  years  of  formal  training  or
education  in  an  acceptable  construction program, with an emphasis on
construction, in a college, technical school or trade school; or
  (4) a minimum of two years  of  acceptable  experience  working  at  a
construction  trade  or  a  minimum  of  two years of formal training or
education in an acceptable construction program,  with  an  emphasis  on
construction,  at  a  college,  trade  school  or technical school and a
minimum of three years participation in an apprentice inspection program
approved  by  the  commissioner  and  the   commissioner   of   citywide
administrative services.
  (b)   With respect to buildings and structures, the commissioner shall
have the following powers and duties exclusively, subject to review only
by the board of standards and appeals as provided by law:
  (1)  to examine and approve or disapprove plans for  the  construction
or  alteration  of any building or structure, including the installation
or alteration of any  service  equipment  therein,  and  to  direct  the
inspection  of  such  building  or  structure, and the service equipment
therein, in the course of construction, installation or alteration;
  (2)  to require that the construction or alteration of any building or
structure, including the  installation  or  alteration  of  any  service
equipment therein, shall be in accordance with the provisions of law and
the rules, regulations and orders applicable thereto; but where there is
a  practical  difficulty in the way of carrying out the strict letter of
any provision of law relating to buildings in  respect  to  the  use  of
prescribed  materials,  or  the  installation  or  alteration of service
equipment, or methods of construction and where equally safe and  proper
materials  or  forms of construction may be employed in a specific case,
he  may  permit  the  use  of  such  materials  or  of  such  forms   of
construction,  provided  that  the  spirit of the law shall be observed,
safety secured and substantial justice done, but he shall have no  power
to  allow  any  variance  from  the provisions of any law in any respect
except as expressly allowed therein, or from any appellate ruling of the
board of standards and appeals;
  (3)  to issue certificates of occupancy for any building or  structure
situated in the city, provided that:
  a.  no  building or structure hereafter constructed may be occupied or
used in whole or  in  part  for  any  purpose  until  a  certificate  of
occupancy has been issued;
  b.    no building or structure or part thereof for which a certificate
of occupancy has  not  been  previously  issued  or  required  shall  be
occupied  or  used  for any purpose whatever in case such building shall
hereafter be altered or converted so as  to  decrease  or  increase  the
number  of  living rooms or apartments, until a certificate of occupancy
has been issued, except that this requirement shall not apply to any old
law or new law tenement wherein two  or  more  apartments  are  combined
creating  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;
  c.    no  buildings  hereafter  altered or converted from one class to
another class shall be occupied or used for any purpose whatever in case
such building was vacant during  the  progress  of  the  work,  until  a
certificate  of  occupancy  has been issued;  in case such an alteration
does not necessitate the vacating of the building during the progress of
the work, the occupancy or use of the building shall not  continue  more
than  thirty  days  after  the  completion  of such alteration, unless a
certificate of occupancy has been issued;
  d.   a certificate of occupancy  of  a  building  or  structure  shall
certify  that such building or structure conforms to the requirements of
all laws, rules, regulations and orders applicable to it and shall be in
such form as the commissioner shall direct;
  e.  every certificate of occupancy shall, unless and until set  aside,
vacated  or modified by the board of standards and appeals or a court of
competent jurisdiction, be and remain binding and  conclusive  upon  all
agencies  and  officers of the city, and shall be binding and conclusive
upon the department of labor of the state of New York, as to all matters
therein set forth, and no order, direction or requirement  affecting  or
at  variance  with  any matter set forth in any certificate of occupancy
shall be made or issued by any agency or officer of the city, or by  the
department  of labor of the state of New York, or any commission, board,
officer or member thereof, unless  and  until  the  certificate  is  set
aside,  vacated  or  modified by the board of standards and appeals or a
court of competent jurisdiction upon  the  application  of  the  agency,
department,  commission,  officer  or  member thereof seeking to make or
issue such order, direction or requirement.  All such applications shall
be made in writing and  filed  with  the  board  or  court  for  hearing
thereon;   and  copies  of  the  application  and  order,  direction  or
requirement sought to be made or issued shall be served upon  the  owner
of  the building or structure and upon the commissioner of buildings, if
he is not the applicant, and  upon  such  terms  and  conditions  as  to
service,  notice,  time and place of hearing as the board or court shall
direct;
  f.  the commissioner may, on request of the owner  of  a  building  or
structure   or   his   authorized   representative,  issue  a  temporary
certificate of occupancy for any part  of  such  building  or  structure
provided  that  such  temporary  occupancy  or  use would not in any way
jeopardize life or property;
  g.   the commissioner may permit in  specific  cases  experimental  or
demonstration  construction  not in compliance with the building code in
order to obtain  knowledge  and  information  not  supplied  from  other
experiments  within  the  city;    the  owner of such construction shall
conduct such periodic tests and  evaluations  as  the  commissioner  may
specify and submit results and reports to the department of buildings as
the   commissioner  may  require;    except  as  otherwise  specifically
permitted by the commissioner, the construction  shall  be  erected  and
maintained  in  accordance with all provisions of applicable laws, rules
and regulations.
  (c)   The commissioner may, by instrument  in  writing  filed  in  the
department,  designate  a  borough  superintendent  of the department to
possess within a borough any of the powers granted to  the  commissioner
by  subdivision (b) of this section and to exercise the same within such
borough in the name of the commissioner for such times  and  under  such
conditions  as  he  may specify.   The borough superintendent shall also
perform such other duties as the commissioner may direct.

  (d) The commissioner shall review and certify any proposed subdivision
of a zoning lot with any building thereon, in order to ensure  that  the
subdivision  will  not  result in any violation of the applicable zoning
laws.
  For  such  purposes,  the  subdivision  applicant  shall file with the
commissioner, prior to recordation with the city register or the  county
clerk in the case of Staten Island the following:
  (1)  a  subdivision  map  of  the  entire original zoning lot with any
building thereon; and
  (2) a statement by the subdivision applicant  assuring  compliance  of
the proposed subdivision with applicable zoning laws.

Section 646.

Section 646.

  §  646.    Conduct of investigations.  The commissioner shall have the
power and duty to conduct such  inquiries  as  may  assist  him  in  the
performance  of  the functions of the department where the public safety
is involved and for such purpose he shall have subpoena power to  compel
the  attendance of witnesses, to administer oaths, examine witnesses and
to compel the production of books, papers and documents.

Section 647.

Section 647.

  §  647.    Definition  of  "class".   The term "class" as used in this
chapter refers to the classification of buildings in the  building  code
or  other applicable laws and shall be deemed to refer also to the terms
"class" or "kinds" as used in the multiple dwelling law where  such  law
is applicable.

Section 648.

Section 648.

  §648. Appeals. Appeals may be taken from decisions of the commissioner
and  of a deputy commissioner or the borough superintendent acting under
a written delegation of power filed in accordance with the provisions of
section six hundred forty-two or subdivision (c) of section six  hundred
forty-five  of  this  chapter,  to the board of standards and appeals as
provided by law.

Section 649.

Section 649.

  §  649.    Inspection.    The  commissioner,  any deputy commissioner,
borough superintendents, inspectors, or any officer  of  the  department
authorized in writing by the commissioner or a borough superintendent to
act  in  his  borough  may,  in  accordance with law, for the purpose of
performing their respective  official  duties,  enter  and  inspect  any
building, structure, enclosure, premises or any part thereof or anything
therein  or  attached  thereto;  and any refusal to permit such entry or
inspection  shall  be  a  misdemeanor  triable  in  criminal  court  and
punishable  upon conviction by not more than thirty days imprisonment or
by a fine of not more than one hundred dollars, or both.