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What is NYC AC § 28-105.8?

Quick Answer

This section establishes that the issuance of a permit does not authorize any violations of the building code or other laws. It emphasizes that permits cannot validate illegal activities and allows the commissioner to enforce compliance by halting any work or occupancy that violates regulations. Applies to building owners seeking permits.

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

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§ 28-105.8 Validity of permit.

AC § 28-105.8

The issuance or granting of a permit shall not be construed to be a permit for, or an approval of, any violation of any of the provisions of this code or of any other law or rule. Permits presuming to give authority to violate or cancel the provisions of this code or other law or rule shall not be valid. The issuance of a permit based on construction documents and other data shall not prevent the commissioner from requiring the correction of errors in the construction documents and other data. The commissioner is authorized to prevent any occupancy, use or work in violation of this code, the zoning resolution or other law or rule enforced by the department.

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