NYC Administrative Code

§ 28-106.1.2 — Alteration permit for the removal of one or more stories.

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What is NYC AC § 28-106.1.2?

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This section outlines the requirements for obtaining an alteration permit for the removal of one or more stories from a building. The owner must certify that the areas to be removed are free of asbestos or obtain a variance from the commissioner of environmental protection. Applies to building owners seeking to remove stories from their structures.

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

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§ 28-106.1.2 Alteration permit for the removal of one or more stories.

AC § 28-106.1.2

The commissioner shall not issue an alteration permit for the removal of one or more stories of a building 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 stories to be removed are free of asbestos containing material and that no abatement activities will be performed anywhere in the building concurrently with the removal work authorized by such permit or (ii) the commissioner of environmental protection has issued a variance from these requirements 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 work authorized by the alteration permit will be performed only in parts of the building that are certified free of asbestos containing material. The alteration 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 work. Exception: Section 28-106.1.2 shall not apply to removal of one or more stories performed as emergency work pursuant to article 215 of chapter 2 of this title where the emergency warrants immediate commencement of the work. (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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