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What is NYC AC § 28-219.2?

Quick Answer

This section mandates that the commissioner re-inspect an immediately hazardous condition at a construction site within 60 days of a violation notice, unless certain conditions are met, such as certification of correction. Applies to construction site operators and property owners with violations.

General informational summary. Not legal advice for your situation. Consult an attorney before acting on any specific matter.

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§ 28-219.2 Re-inspection.

AC § 28-219.2

Where an immediately hazardous condition at a construction site has been identified as posing a threat of imminent danger to public safety or property and a violation has been issued, the commissioner shall re-inspect the condition that gave rise to the violation within 60 days of the date of the notice of a violation, unless: 1. An acceptable certification of the correction of the condition has been filed in the manner and form prescribed by the department; 2. The person to whom the violation has been directed has obtained an extension of time for filing the certificate of correction of the violation from the commissioner in accordance with section 28-204.4 and with any applicable rules of the department, and said extension of time to file has not yet expired; 3. The condition has been corrected in the presence of the commissioner. Exception: One- to four-family homes shall not be subject to the re-inspection requirement of this section for the same condition that gave rise to the notice of violation, provided that this exception shall not be construed to limit the power of the commissioner to inspect such home for any other non-compliant condition or to issue a violation for such other non-compliant condition. (Am. L.L. 2021/126, 11/7/2021, eff. 11/7/2022; Am. L.L. 2022/050, 1/15/2022, eff. 5/15/2022) Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2014/051 and L.L. 2021/126.

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