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What is NYC AC § 28-106.1.1?

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This section outlines the requirements for obtaining a full demolition permit, including the need for certification that the building is free of asbestos or a variance from the Department of Environmental Protection. The Department of Buildings may impose additional conditions based on the demolition's size and complexity. Applies to building owners seeking full demolition permits.

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

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§ 28-106.1.1 Full demolition permit.

AC § 28-106.1.1

The commissioner shall not issue a full demolition permit unless the owner of the building provides certification in a form and manner to be provided in the rules of the department of environmental protection that (i) the building is free of asbestos containing material, or (ii) the commissioner of environmental protection, has issued a variance from this requirement in accordance with subdivision (m) of section 24-136 of the administrative code and the rules of the department of environmental protection, subject to the requirement that demolition work will be performed only in parts of the building that are certified free of asbestos containing material. The full demolition permit shall be subject to such additional conditions as the department of buildings may require of the permittee based on the size and complexity of the demolition work. Exception: This section shall not apply to full demolition performed as emergency work pursuant to article 215 of chapter 2 of this title where the emergency warrants immediate commencement of the work or full demolition with asbestos in place authorized pursuant to 12 NYCRR 56-11.5. (Am. L.L. 2015/038, 5/6/2015, eff. 5/6/2016; 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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