NYC Administrative Code

§ 28-118.15.1 — Interim certificate of occupancy.

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What is NYC AC § 28-118.15.1?

Quick Answer

This section outlines the conditions under which an interim certificate of occupancy may be issued for specific floors of a building before the entire work is completed. The statute specifies requirements such as noncombustible construction, adequate egress, and safety inspections. Applies to building owners seeking partial occupancy permits.

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

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§ 28-118.15.1 Interim certificate of occupancy.

AC § 28-118.15.1

An interim certificate of occupancy may be issued authorizing occupancy of a specific floor or floors of a building prior to the completion of the entire work covered by a permit in accordance with this section and rules of the department, subject to the following conditions: 1. The building is of noncombustible construction and protected with an automatic sprinkler system; 2. Adequate means of egress are provided; 3. There are no outstanding objections relating to or affecting the occupancy of such portion of the building; and 4. Upon inspection, the portion of the building is deemed safe for occupancy without reliance upon temporary measures. Exceptions: Section 28-118.15.1 shall not apply to: 1. Residential buildings with fewer than eight stories or fewer than four dwelling units; or 2. Nonresidential buildings with fewer than five stories; or 3. Mixed-use buildings with fewer than four dwelling units; or 4. Parking structures. (L.L. 2021/006, 1/10/2021, eff. 5/10/2021; Am. L.L. 2023/077, 6/11/2023, eff. 6/11/2023) Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2023/077.

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