Construction Safety FAQ

 

 

Demolition - Frequently Asked Questions

1. What's the difference between a demolition and an alteration?

1. What's the difference between a demolition and an alteration?
Demolition is the removal of the entire building, including the foundation. In an alteration you may remove interior and exterior walls, but not the entire foundation. An alteration can also be the addition of stories, an enlargement, or a new structure built on top of an existing foundation.

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Unsafe Buildings - Frequently Asked Questions

  1. What is an Unsafe Buildings violation?
  2. How do I find out if I have a UB violation against my property?
  3. How do I find out whether I owe money under the UB violation?
  4. How do I get my UB violation dismissed?
  5. Who should I contact to schedule my re-inspection so that my UB violation can be dismissed?
  6. Why do I need a re-inspection of my premises in order to get the UB violation dismissed?
  7. What is a survey?
  8. What is a survey fee?
  9. I have received a Notice of Survey and Summons. I am doing work on the property. Can I get the survey cancelled and stop the court case from going forward?
  10. What is a Lis Pendens?
  11. What is a Consent to Cancel Lis Pendens and where do I go to get it?
  12. Where do I take the Consent to Cancel Lis Pendens after it is issued?
  13. I am not the owner nor do I have an interest in the premise but I’ve received a Notice of Survey and Summons. How do I get out of this court case?
  14. What is a Precept?
  15. A Precept (Court Order) has been issued against my property but I want to do the work to correct the unsafe condition myself. How can I stop the City from doing work on my property pursuant to the Precept?
  16. I am a certified architect or a professional engineer. I would like to conduct Unsafe Buildings surveys. How do I get information on this process?

1. What is an Unsafe Buildings violation?

An Unsafe Buildings (UB) violation is a violation issued by a Department of Buildings’ inspector when the premises are considered unsafe or a hazard to its occupant and/or the public. The premises can be considered unsafe when a structure on the property is open, vacant and unguarded, or structurally compromised in a way that threatens public safety.

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2. How do I find out if I have a UB violation against my property?

You can access the information through the Department's Buildings Information System (BIS) and enter the borough, block, and lot and/or the complete address. Under DOB Violations there will be a violation with the letters UB in front of the violation number.

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3. How do I find out whether I owe money under the UB violation?

You can complete a Survey Fee/Cancellation Form and we will respond to your request within 5 business days. The form may be submitted in person at the Department of Buildings Unsafe Buildings Unit located at 280 Broadway, 7th Floor Reception or by mail or fax (212) 566-3843.

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4. How do I get my UB violation dismissed?

There are several steps you should follow:

  • Perform the required work to correct the unsafe condition.
  • Contact the Unsafe Buildings Unit to pay your survey fee.
  • Contact the Department's Construction Unit in the borough in which the premises is located to schedule a re-inspection.

You may need to present your survey receipt to the Construction Unit. If the re-inspection confirms that the unsafe condition has been cured, the Borough will dismiss the violation.

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5. Who should I contact to schedule my re-inspection so that my UB violation can be dismissed?

You must contact the Construction Unit in the borough in which the property is located to request a re-inspection. A Department of Buildings’ inspector will determine whether the violation has been corrected so that it can be dismissed.

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6. Why do I need a re-inspection of my premises in order to get the UB violation dismissed?

The Department re-inspects the premises to verify that the unsafe building condition has been corrected and that you have followed all applicable laws and regulations.

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7. What is a survey?

The UB Unit brings court proceedings against unsafe buildings in NY State Supreme Court. Before bringing the case in court, a survey (inspection) of the building is performed. A survey is an inspection conducted by a Department of Buildings’ inspector and an architect or engineer. The owner or interested party is allowed to have an architect or engineer of their own participate in the survey. Based on this survey, a report is issued describing the condition of the premises and recommending an action that the City might take to remove the UB condition. The provisions that apply to these proceedings are located in the Administrative Provisions for the NYC Construction Codes Sections 28-216.1 through 28-216.11.

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8. What is a survey fee?

The survey fee is currently $100.00. This fee covers the cost of the independent architect or engineer who accompanied the Department of Buildings’ inspector on the survey. The survey fee must be paid before the violation can be dismissed. (The fee is not a fine or penalty). For information regarding payment of the fee, please contact the UB Unit.

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9. I have received a Notice of Survey and Summons. I am doing work on the property. Can I get the survey cancelled and stop the court case from going forward?

To determine if this is possible contact the Construction Unit in the borough in which the premise is located to inform the Department of your work to correct the UB condition. If the Construction Division determines that you have corrected the UB condition, you must also contact the Unsafe Buildings Unit so that the survey may be cancelled and the case removed from the court calendar.

If the survey has already occurred, you must pay the $100.00 survey fee before getting the UB violation dismissed.

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10. What is a Lis Pendens?

A Lis Pendens notifies the public of a court proceeding pending against the premises. It is a document filed in the New York State County Clerk's Office in the borough in which the premises is located. It is filed at the same time the Department commences an Unsafe Building proceeding against the premises.

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11. What is a Consent to Cancel Lis Pendens and where do I go to get it?

A Consent to Cancel Lis Pendens is a document issued by the Unsafe Buildings Unit. To lift the Lis Pendens you must file this document with the County Clerk's Office in the borough in which the property is located. To obtain the cancellation, contact the Unsafe Buildings Unit by phone or in person and request a Consent to Cancel Lis Pendens. You may also complete a survey fee/cancellation form and submit by mail to Department of Buildings Unsafe Buildings Unit, 280 Broadway 7th Fl. Reception, New York, NY 10007 or by fax to (212) 566-3843.

We generally respond to such requests within 5 business days. Upon receipt of your request the Unsafe Buildings Unit will conduct research to determine whether you have paid your survey fee, if the premises have been re-inspected, if the Unsafe Buildings violation has been dismissed and/or you owe any additional money to the City for work performed on the premises pursuant to a Precept (Court Order).

Be advised, even if you purchased the property with existing unsafe building violations that have not been dismissed, you are still responsible for the resolution of the violation. However, if all penalties have been paid and there are no outstanding issues, the Unsafe Buildings Unit will issue a Consent to Cancel Lis Pendens.

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12. Where do I take the “Consent to Cancel Lis Pendens” after it is issued?

Take the Consent to Cancel Lis Pendens to the County Clerk’s Office in the borough in which the property is located (see list below) and make a request to the Clerk to cancel the Lis Pendens.

Bronx County Supreme Court
851 Grand Concourse, Bronx, NY 10451

Kings County Supreme Court
360 Adams Street, Brooklyn, NY 11201

New York County Supreme Court
60 Centre Street, Basement, New York, NY 10007

Queens County Supreme Court
88-11 Sutphin Boulevard, Jamaica, NY 11435

Richmond County Supreme Court
18 Richmond Terrace, Staten Island, NY 10301

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13. I am not the owner nor do I have an interest in the premise but I’ve received a Notice of Survey and Summons. How do I get out of this court case?

You should contact the Unsafe Buildings Unit and be prepared to provide information indicating that you do not, or no longer have, an interest in the premises. You should also contact the NYC Department of Finance to let them know that you do not own the premises or have an interest in the premises.

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14. What is a Precept?

A Precept is a court order authorizing the City to perform work on your property in order to remove the Unsafe Building condition.

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15. A Precept (Court Order) has been issued against my property but I want to do the work to correct the unsafe condition myself. How can I stop the City from doing work on my property pursuant to the Precept?

You must immediately contact Department of Buildings’ Borough Commissioner for the borough in which the property is located and request that a Hold be placed on the execution of the Precept (Court Order).

You must be able to show the Borough Commissioner that you are in the process of filing the appropriate applications for a permit to perform the necessary work on the property. If the City has not already performed the work under the Precept, the Borough Commissioner’s Office will determine whether to place a hold.

For details regarding the Hold procedure, please go to Unsafe Buildings Information.

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16. I am a Professional Engineer or a Registered Architect and I would like to conduct Unsafe Buildings surveys. How do I get information on this process?

If you are interested in becoming a surveyor, please go to our Become a UB Surveyor page. If you have questions, please feel free to contact Ms. Rabinowitz at (212) 393-2102 or via email at RRabinowitz@buildings.nyc.gov.

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Site Safety – Frequently Asked Questions

  1. Will the contractor need to pull a permit under the SSP A3?
  2. How do I file a revision to the SSP A3?
  3. What information should be placed in the “job description” field on the PW-1 for the SSP A3?
  4. How do I get the required item for site safety satisfied in the underlying work application so the contractor can pull a permit?
  5. Will the open SSP A3 affect issuance of TCO or CO?
  6. Must the contractor keep the SSP A3 on site?
  7. Are there types of façade work that cannot be filed as an SSP A3?
  8. Can an applicant take advantage of the 2014 Code and revised 1 RCNY 3310.01 for SSPs approved prior to December 31, 2014?

1. Will the contractor need to pull a permit under the SSP A3?

No, the filing should be a “no work” filing. A SSP is a logistics plan and not a work plan. All underlying work (façade restoration) and any temporary construction equipment requiring filing should be filed under separate applications, as is the current protocol. No required items need be provided.

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2. How do I file a revision to the SSP A3?

Revisions to the SSP must be filed as a Post-Approval Amendment (PAA) to the initial A3 filing, not as an AI1. Existing protocol should be followed.

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3. What information should be placed in the “job description” field on the PW-1 for the SSP A3?

The job description field in the SSP A3 PW-1 must contain the following language verbatim: "Facade SSP Filed in Conjunction with Application ……"  Provide the BIS application number for the underlying restoration work. The underlying work application must be on file in BIS (A/P Status) at the time of the SSP A3 filing but does not have to be approved.

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4. How do I get the required item for site safety satisfied in the underlying work application so the contractor can pull a permit?

Once the SSP A3 is approved in BIS proceed as follows:

  • Notify the BEST Squad by email at SFaçade@buildings.nyc.gov and include the following information in the subject line:
  • Filing Address_SSP Application #_Underlying Work Application #_Date of Approval of Underlying Work Application_Request Required Item Be Satisfied in BIS
    (Example: 280 Broadway_SSP A3 123456789_ALT 2 321654987_06-09-15_Request Required Item Be Satisfied in BIS)
  • Attach the approved SSP to the email notification as a PDF file.
  • Make sure yes for site safety is checked in section # 9 of the PW-1 of the underlying work application. The underlying work application must be approved prior to sending the email request for satisfaction of the site safety required item. BEST Squad staff will review the email account on a daily basis and process the request for satisfaction of the required item. A confirmation email will be sent when the required item is satisfied in BIS.

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5. Will the open SSP A3 affect issuance of TCO or CO?

The SSP A3 application will remain open in BIS and will not affect the issuance of Certificates of Occupancy or Temporary Certificates of Occupancy.

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6. Must the contractor keep the SSP A3 on site?

The approved SSP A3 and any revisions shall be kept on site and available upon request until the underlying work application is closed out (signed off in BIS).

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7. Are there types of façade work that cannot be filed as an SSP A3?

Typical Façade Alterations shall not include the recladding of a structure. For the purposes of this notice, façade recladding is defined as the removal of the exterior building envelope and replacement with a new exterior building envelope; or the installation of a new exterior building envelope over the existing façade.

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8. Can an applicant take advantage of the 2014 Code and revised 1 RCNY 3310.01 for SSPs approved prior to December 31, 2014?

Yes, provided the SSP is amended and the following notes are placed on the SSP. These notes should also be included on all SSPs filed on or after December 31, 2014.

This SSP is filed in compliance with the 2014 NYC Building Code (28-104.2.1; 28-105.12.8; 28-110.1; 3310.3). Site safety manger oversight is in compliance with 1 RCNY 3310.01.

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