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What is NYC AC § 28-103.9?

Quick Answer

This section grants the commissioner the authority to require tests to demonstrate compliance with the construction code when evidence is insufficient. Tests must follow specified methods or approved standards, and reports are retained by the department. Applies to building owners needing to verify compliance with construction materials and methods.

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

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§ 28-103.9 Additional tests.

AC § 28-103.9

Whenever there is insufficient evidence of compliance with the provisions of this code, or evidence that a material or method of construction does not conform to the requirements of this code, or in order to substantiate claims for alternative materials or methods, the commissioner shall have the authority to require tests as evidence of compliance to be made at no expense to the city. Test methods shall be as specified in this code, or by other recognized test standards approved by the commissioner. In the absence of recognized and accepted test methods, the commissioner shall approve the testing procedures. Tests shall be performed as directed by the commissioner. Reports of such tests shall be retained by the department for the period required for retention of public records.

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