Brooklyn since 2014All five boroughsSame-day response during business hours

What is NYC MC § 810.2?

Quick Answer

This section mandates that a smoke test be conducted as specified in Section 810.3, with any faults or leaks needing correction. The test must be witnessed by a commissioner representative, although exceptions allow for permit-holders to perform the test under certain conditions. Applies to building owners responsible for smoke tests in alteration applications.

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

Michael Nacmias - Founding PartnerMichael Sargo - Partner
From the team atNacmias Law Firm, PLLCBrooklyn-based attorneys representingproperty owners across all five boroughsMeet the team →

810.2 Requirement of a smoke test.

MC § 810.2

A smoke test shall be made as outlined in Section 810.3. Any faults or leaks found shall be corrected. Such smoke test shall be witnessed by a representative of the commissioner. In lieu thereof, the commissioner may accept the test report of a registered design professional or special inspector responsible for the test that shall be submitted in writing to the department. Exception: A smoke test may be performed by or under the supervision of a permit-holder when the work is performed as part of a limited alteration application, as defined in Section 28-101.5 of the Administrative Code. Such test shall not be required to be witnessed by the department, registered design professional or special inspector. (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.

Common Questions

Our team

Meet the people you will work with

Free case review

Have a matter that touches § 810.2?

Free 15-minute case review with the attorney handling your matter. Same-day response during business hours across all five boroughs — OATH hearings, Housing Court, and real estate closings.

Or email us

[email protected]

An attorney reads every message.

  • Same-day response

    During business hours

  • Direct attorney access

    Same lawyer from intake to close

  • Flat-fee pricing

    On most OATH and closing matters