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What is NYC BC § 3303.10.2?

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This section outlines the requirements for notifying the department prior to commencing work that necessitates a tenant protection plan. It mandates inspections by the department to ensure compliance with the plan and the building code, including follow-up inspections and procedures for addressing dust control complaints. Applies to building owners undertaking construction work affecting tenants.

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

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3303.10.2 Inspections of tenant protection plan.

BC § 3303.10.2

The owner shall notify the department in writing not more than 72 hours, but not less than 24 hours prior to the commencement of any work requiring a tenant protection plan. The department shall conduct an inspection of 10 percent of such sites within seven days after the commencement of such work to verify compliance with the tenant protection plan. The department shall conduct follow up inspections of such sites every 180 days until such construction is completed to verify compliance with the building code and tenant protection plan. Thereafter, the department shall conduct an inspection within 10 days of receipt of a complaint concerning such work. Where the department receives a complaint alleging that dust is not being contained or controlled in accordance with a tenant protection plan, it shall conduct an inspection within 24 hours. The department shall, in collaboration with the department of health and mental hygiene, develop a procedure to complete a lead-contaminated dust test upon a determination that dust is not being contained or controlled during such tenant protection plan inspections or an inspection conducted in response to a complaint, and take any appropriate enforcement action, including the issuance of an order pursuant to Section 28-207.2 of the Administrative Code. The department of health and mental hygiene shall assist the department to implement such procedure, including submitting dust samples collected by the department to a laboratory for analysis. The department shall refer the result of any such inspection to the department of health and mental hygiene for review and further inspection in accordance with the New York city health code. (Am. L.L. 2019/116, 6/8/2019, eff. 3/8/2020; Am. L.L. 2021/040, 4/18/2021, eff. 4/18/2022; Am. L.L. 2023/077, 6/11/2023, eff. 6/11/2023) Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2023/077.

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