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What is NYC AC § 28-104.2.1.5?

Quick Answer

This section establishes that an applicant must remain involved in a project until it is signed off by the department. If the applicant withdraws, all work must cease until a successor is designated to ensure compliance with applicable laws and perform necessary evaluations and inspections. Applies to registered design professionals involved in construction projects.

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

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§ 28-104.2.1.5 Applicant requirement.

AC § 28-104.2.1.5

The program shall include a condition that the applicant remain with the project until it is signed off by the department and that if the applicant withdraws from or is unable to continue a project before the issuance of a letter of completion or certificate of occupancy, as applicable, all work shall stop and no permit, letter of completion or certificate of occupancy shall be issued until a successor registered design professional is designated as applicant of record and such person: 1. Completes a thorough review and evaluation of the previously filed and accepted construction and other related documents to determine that they conform to the applicable laws and rules in accordance with rules of the board of regents, 8 NYCRR 29.3(a)3; 2. Inspects any built work to confirm that the observable conditions are consistent with the previously filed and accepted construction documents; 3. Performs or reviews the results of any tests or inspections required by this code to confirm that all required tests and inspections have been performed and that the results of such tests and inspections are consistent with the accepted or approved construction documents; and 4. Based on the result of the evaluation and inspections, secures department approval after examination of construction and other related documents submitted by and under signature and seal of the successor. All deficiencies shall be addressed by the successor in such documents. (Am. L.L. 2021/126, 11/7/2021, eff. 11/7/2022) Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2021/126.

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