Determinations


Applicants may request Department determinations of the Zoning Resolution and Construction Codes (2014 Construction Code, 1968 Building Code, and Multiple Dwelling Law).

Determination requests may be submitted to the Department for:

  • A possible future objection for an application not yet filed
  • Appeal of an affirmation of objection after second plan review

Effective January 28, 2018, Construction Codes Determination (CCD1) requests and Zoning Resolution Determination (ZRD1) requests submitted to the Department for review are subject to the following fees per §28-112.2 of the NYC Administrative Code, and the Rules of the Department 1 RCNY 101-03.

  • CCD1 or ZRD1 request for Determination - $1,000
    • Pre-Determination (pre-filed job) Request

    • Request for variation of a Code or Zoning requirement or MDL section 277.16

    • Appeal of an affirmation of an objection after a second plan examination review

  • Appeal of CCD1 or ZRD1 Determination - $2,500

EXEMPTIONS: Properties that are exempt from fees per §28-112.1 and 1 RCNY 101-03.

Effective July 11, 2019, Electrical Special Permission requests will be required to be submitted using the CCD1 process. For more information please see 1 RCNY 4000-01.

  • CCD1 request for Electrical Code Variance - $350 paid where objection was issued

  • Appeal of CCD1 Electrical Code Variations- $350 paid where objection was issued


Requesting a Determination

All submissions must include a copy of the invoice from the Borough Office where the fee was paid, except properties that are exempt from fees per §28-112.1 and this rule.  Forms must be signed and sealed by a professional.

Determination requests are limited to one per form and must cite all related Code or zoning sections.  Any attachments (drawings or other documents) must be formatted on 11" x 17" paper or smaller.

See Determination FAQ for additional information.


Review of Determinations

  • The determination request will be reviewed by the appropriate borough office.  The request will either be accepted, denied, or require the applicant to meet with the Department for further review.
  • When the borough office denies a determination request, the applicant may submit an appeal to the Department’s Technical Affairs Unit (requires payment of $2,500 appeal fees).
  • When the Department denies an appeal, applicants may make any subsequent appeals to the Boards of Standards and Appeals.
  • Upon approval of the application, any applicable determinations will be posted in the virtual job folder.

Plan Examination Objections

A determination request for plan examination objection must go through a second plan examination (requires an AI-1 form) request first.  Details for requesting a second review of plan examiner objections are outlined in the Fact Sheet.

Only rejections of requests for second review of plan examination objections are allowed to be submitted as determination requests to appeal the affirmation of an objection.