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What is NYC AC § 28-326.2?

Quick Answer

This section establishes the criteria for when a corrective action plan is required by the commissioner. It mandates that building owners or their agents submit an acceptable plan within 30 days, prepared by a registered design professional. The statute applies to building owners facing safety violations that necessitate corrective measures.

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

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§ 28-326.2 Corrective action plan.

AC § 28-326.2

The commissioner shall promulgate rules to establish criteria for when a corrective action plan is required, provided the commissioner may also require a corrective action plan where potential safety or other issues warrant further action. When a corrective action plan is required by the commissioner, the owner or the owner’s agent shall submit a corrective action plan acceptable to the department within the time set forth by the department, but not more than 30 days after the date the owner or owner’s agent was notified of such requirement. The corrective action plan shall be prepared by a registered design professional in good standing with the department and the New York state department of education. The corrective action plan shall clearly document each violating condition and shall include photos, construction documents, and a timeline detailing repairs to make the building safe, and must be signed and sealed by such registered design professional. The department shall conduct inspections as necessary to verify the progress of the corrective measures outlined in the corrective action plan. The department shall issue a notice of violation for failure to comply with the corrective action plan. The department may charge fees for the inspections and for review of the corrective action plan. Such fees shall be established by department rule. Where a corrective action plan has been required by the department, the owner of the building or the owner’s agent shall post a notice in a conspicuous manner in the building lobby indicating the conditions identified during the proactive inspection for which a violation was issued. Such notice shall be made available in all designated citywide languages upon request. (L.L. 2024/079, 7/20/2024, eff. 1/16/2025)

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