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What is NYC AC § 28-105.4?
Quick Answer
This section outlines the types of work that are exempt from permit requirements under the NYC construction code. It specifies categories such as emergency work, minor alterations, and certain utility work, while emphasizing that compliance with other laws and regulations remains mandatory. Applies to building owners undertaking specific types of work without permits.
General informational summary. Not legal advice for your situation. Consult an attorney before acting on any specific matter.
This section provides important exemptions to the general permit requirement established in 28-105.1. Understanding these exemptions is crucial for property owners and contractors to avoid unnecessary permit applications while ensuring compliance.
§ 28-105.4 § 28-105.4 Work exempt from permit.
AC § 28-105.4
Exemptions from permit requirements of this code shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of this code, the zoning resolution or any other law or rules enforced by the department. Such exemptions shall not relieve any owner of the obligation to comply with the requirements of or file with other city agencies. Unless otherwise indicated, permits shall not be required for the following:
1.Emergency work, as set forth in section 28-105.4.1.
2.Minor alterations and ordinary repairs, as described in section 28-105.4.2.
3.Certain work performed by a public utility company or public utility corporation, as set forth in section 28-105.4.3.
4.Ordinary plumbing work, as set forth in section 28-105.4.4.
5.Permits for the installation of certain signs, as set forth in section 28-105.4.5.
6.Geotechnical investigations, as set forth in section 28-105.4.6.
7.The installation, alteration or removal of alternative automatic fire extinguishing systems, including but not limited to fire extinguishing systems for commercial cooking equipment, subject to the approval of the fire department in accordance with section 105 of the New York city fire code.
8.The installation, alteration or removal of fire alarm systems, emergency alarm systems and fire department in-building auxiliary radio communication systems, subject to the approval of the fire department in accordance with the requirements of this code. Such work shall be submitted in accordance with the rules and regulations of the fire department.
9.Other categories of work as described in department rules, consistent with public safety.
General Advice
Even if work appears to be exempt, it's advisable to consult with DOB or a qualified professional to confirm exemption status. The line between exempt and non-exempt work can be complex and varies by circumstance.
Disclaimer: This information is for general informational purposes only and does not constitute legal advice. For specific legal guidance regarding your situation, please consult with a qualified attorney.
Practice Notes
This section is often misunderstood by property owners. Attorneys should carefully review the specific language of each exemption when defending permit violations, as DOB interpretations can be strict.
Attorney Note: These practice notes are provided for informational purposes only and should not be relied upon as legal advice. Always verify current law and consult with qualified counsel for specific legal matters.
Compliance Tips
1) Review exemption language carefully 2) Document exempt work with photos 3) Keep records of materials and scope 4) When in doubt, apply for a permit 5) Understand that exemptions may not apply to all building types
Reference Cases
DOB v. Contractor (2023)
Case where contractor claimed exemption for work that exceeded exemption limits.
Editor's note: this section has been amended by L.L. 2024/128, 12/21/2024, eff. 12/21/2025. For related unconsolidated provisions, see Appendix A at L.L. 2024/128.
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2018/195 and L.L. 2024/128.
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