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What is NYC BC § 3301.8.2?

Quick Answer

This section prohibits the use or operation of any equipment or structure involved in an incident without permission from the commissioner or a lawful order from the NYC police or fire department. It also restricts the removal or alteration of related materials or evidence, with exceptions for immediate emergency procedures. Applies to all individuals involved in such incidents.

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

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3301.8.2 Use and tampering prohibited.

BC § 3301.8.2

Following an incident, no person shall permit any of the following without the permission of the commissioner, or without a lawful order from the New York city police or fire department: 1. Use or operation of any equipment or structure damaged or involved in the incident; or 2. Removal or alteration of any equipment, structure, material, or evidence related to the incident. Exception: Immediate emergency procedures taken to secure structures, temporary construction installations, operations, or equipment that pose a continued imminent danger or to facilitate assistance for persons who are trapped or who have sustained bodily injury.

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