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What is NYC MC § 801.1.1.3.2?

Quick Answer

This section mandates that building owners receive a written second notice within 45 days after a permit is issued for new or altered construction. The notice must request access to assess the need for chimney or vent alterations and must be sent via regular and certified mail. Applies to building owners undergoing construction that may affect chimneys or vents.

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

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801.1.1.3.2 Second notice.

MC § 801.1.1.3.2

Written notice in a form acceptable to the department shall be provided to the building owner not more than 45 days following commencement of work after a permit has been issued for the new or altered building. Such notice shall include a request for access to determine the need to alter the existing chimney or vent and a description of such work. Notice shall be sent by regular mail and certified mail, return receipt requested. The second notice shall also be posted by a licensed process server at the public entrance of the building requiring a chimney or vent to be altered. A copy of such return receipt and proof of service by the licensed process server shall be filed with the department. Exceptions: 1. A second notice shall not be required where an application to alter the affected chimney or vent has been filed with the department.

2.A second notice shall not be required where access is granted and conditions are observed that result in a determination that chimney or vent alteration is not required and a revised chimney and vent plan is submitted to the department.

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