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What is NYC AC § 28-103.1?

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This section outlines the enforcement jurisdiction of the New York City Building Code, primarily by the commissioner of buildings, but also includes the commissioner of small business services and the fire commissioner for specific provisions related to fire safety and occupancy. Applies to building owners and operators subject to these regulations.

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

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§ 28-103.1 Jurisdiction.

AC § 28-103.1

This code shall be enforced by the commissioner of buildings, pursuant to the provisions of section six hundred forty-three of the New York city charter. However, the commissioner of small business services may also enforce all of the provisions of this code with respect to buildings under the jurisdiction of the department of small business services and the fire commissioner may also enforce all the provisions of this code relating to: 1. The approved number of persons in places of assembly (overcrowding); 2. Obstruction of aisles, corridors, and exits; 3. The posting and availability for inspection of certificates of occupancy or other authorization of lawful occupancy, certificates of compliance and place of assembly certificates of operation; 4. The maintenance of fire, smoke and carbon monoxide detection and alarm systems, fire extinguishing systems, refrigerating systems, storage tanks and auxiliary storage tanks for oil burning equipment, exit signs and path markings, and any fire or life safety system, equipment or device intended for use by fire fighting personnel or whose use or operation is subject to the New York city fire code or other law or rule enforced by the New York city fire department, and any related installation and signage; 5. The installation and testing of fire alarm systems, smoke-detecting and carbon monoxide detecting devices that are interconnected with a fire alarm system or monitored by a central station, alternative automatic fire extinguishing systems, including but not limited to fire extinguishing systems for commercial cooking equipment, and fire protection plans; 6. Fire fighting equipment, access to and within premises upon or in which construction and demolition work is being conducted, and the conduct of all construction or demolition work affecting fire prevention and fire fighting; 7. Any exhaust system designed or used for commercial cooking equipment, when such commercial cooking equipment is required to be protected by a fire extinguishing system; and 8. The installation and testing of natural gas distribution piping systems designed for or operated at a gas pressure of 15 psig (103 kPa gauge) or greater. (Am. L.L. 2018/195, 12/1/2018, eff. 5/30/2019) Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2008/026 and L.L. 2018/195.

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