N.Y.C. Admin. Code § EBC 105: Section EBC 105: Permits and Work Without a Permit

105.1 General.

Permits shall comply with this section and with Article 105 of Chapter 1 of Title 28 of the Administrative Code

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105.2 Required.

Except as otherwise provided in Section 105.3, any owner or owner’s authorized agent who intends to repair, add to, alter, relocate, demolish, or change the occupancy of a building or to repair, install, add, alter, remove, convert, or replace any electrical, gas, mechanical, or plumbing system, the installation of which is regulated by this code, or to cause any such work to be performed, shall first make application to the department for construction document approval in accordance with Chapter 1 of Title 28 of the Administrative Code and this chapter and obtain the required permit.

105.3 Work exempt from permit.

Exemptions from permit requirements of this code and as authorized in Chapter 1 of Title 28 of the Administrative Code and the rules of the department shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of this code or any other laws or rules. Permits shall not be required for the following:

1. Work exempt from permit as listed in Section 28-105.4 of the Administrative Code and rules of the department.

2. Minor alterations and ordinary repairs as described in Section 105.3.1 of this code.

3. Ordinary plumbing work as described in Section 105.3.1 of this code.

105.3.1 Minor alterations, ordinary repairs and ordinary plumbing work.

A permit shall not be required for minor alterations, ordinary repairs and ordinary plumbing work, as such terms are defined in Section 202.

105.3.1.1 Work not constituting minor alterations or ordinary repairs.

Minor alterations or ordinary repairs shall not include:

1. The removal or cutting away of any load bearing or required fire-rated wall, fire door, floor or roof construction, or any portion thereof;

2. The removal, cutting or modification of any beams or structural supports;

3. The removal, change or closing of any required exit;

4. The addition, rearrangement, relocation, removal or replacement of any parts of the building affecting loading or exit requirements, or light, heat, ventilation, or elevator requirements or accessibility requirements, or any fire suppression or fire protection system;

5. Additions to, alterations of, or rearrangement, relocation, replacement, repair or removal of any portion of a standpipe or sprinkler system, water distribution system, house sewer, private sewer, or drainage system, including leaders, or any soil, waste or vent pipe, or any gas distribution system;

6. The alteration or repair of a sign for which a permit is required; or

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Any other work affecting health or the fire or structural safety of the building or the safe use and operation of the service equipment therein.

105.3.1.2 Ordinary plumbing work.

Ordinary plumbing work is not required to be performed with a permit, provided that the licensed plumber performs such work in accordance with this code and all applicable laws and rules

105.3.1.2.1 Documentation of ordinary plumbing work.

The licensed plumber shall record the block, lot and address of each job, a description of the work performed at each address, and the location in each building where the ordinary plumbing work was performed. The licensed master plumber shall furnish a copy of such record to the building owner upon the completion of work. The licensed master plumber shall submit a report of completed ordinary plumbing work items in accordance with the requirements of the department.

105.3.1.2.2 Category 1 ordinary plumbing work.

Category 1 ordinary plumbing work shall be performed in accordance with this code and shall be limited to the following items:

1. The relocation of up to two plumbing fixtures within the same room to a maximum of 10 feet (3048 mm) distant from the original location, and the replacement or alteration of related supply, waste, and vent piping associated with the fixture relocation, except in health care facilities.

2. The installation, replacement or repair of a food waste grinder (food waste disposal); secondary back flow preventer; and the replacement or repair of a sump pump.

3. The repair or replacement of a plumbing fixture; faucet or fixture fitting from the exposed stop valve to the inlet side of a trap not constituting an ordinary repair.

4. The repair of components of a plumbing appliance or plumbing appurtenance.

5. The replacement of a plumbing appurtenance.

6. The repair or replacement of plumbing piping, except gas piping, not longer than 25 feet (7620 mm), or connected piping previously repaired or replaced under this provision.

7. The repair or replacement of plumbing branch piping except gas piping, serving the dwelling unit and including the replacement of fixtures, limited to two bathrooms and 1 kitchen per dwelling unit.

105.3.1.2.3 Category 2 ordinary plumbing work.

Category 2 ordinary plumbing work shall be performed in accordance with this code and the New York City Fuel Gas Code. Work shall not include nor extend beyond the existing appliance gas cock or appliance valve. Prior to performing any of the described work, the plumber shall be responsible for verifying that the existing gas cock or appliance valve is accessible, in good working condition with no noticeable corrosion or deterioration, and in the closed off position. Where a replacement appliance is connected to a chimney, the plumber shall inspect the chimney and verify that it is in good operational condition. The replacement of any appliance must be in accordance with the manufacturer’s instructions and all applicable listings. After such replacement, the plumber shall re-open the existing gas cock or appliance valve and perform a leak check on all newly made gas piping and tubing connections by means of a combustible gas indicator or a noncorrosive leak detection fluid. Category 2 ordinary plumbing work shall be limited to the replacement of the following items:

1. In residential buildings occupied by 5 families or fewer, the replacement of a gas water heater, gas furnace, or a gas fired boiler with a capacity of 350,000 BTU or less.

2. The replacement of gas-burning domestic appliances limited to ranges, ovens, stoves, barbecues, and clothes dryers.

3. The replacement of an appliance connector serving a domestic range, oven, stove, barbecue, or clothes dryer.

105.3.1.3 Repairs to fire alarm systems.

Work constituting a repair to a fire alarm system that does not require a permit shall be performed in accordance with rules of the department.

105.3.1.4 Repairs to elevators and conveying systems.

Work constituting a repair to elevator or conveying system shall be performed in accordance with rules of the department.

105.3.2 Compliance.

No work shall make a building less compliant with this code and the New York City Construction Codes, Energy Code, Electrical Code and any other applicable laws, rules, and regulations than it was before the work was undertaken, reduce the structural, fire and life safety of the condition impacted, or create a new structural, fire or life safety hazard; otherwise, an application for a work permit shall be submitted to the department.

105.3.2.1 Owner’s responsibility.

It is the owner’s responsibility to ensure that all work performed pursuant to Section 105.3 complies with all applicable provisions of law and that such work is performed in a safe and code compliant manner.

105.3.2.1.1 Protection of adjacent or adjoining properties.

Building owners shall ensure the adjacent or adjoining properties are protected in accordance with Chapter 33 of the New York City Building Code

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105.3.2.1.2 Protection of occupied building.

During construction in an occupied building, as applicable to the scope of work, the owner shall:

1. Maintain the means of egress free of any obstruction.

2. Provide means to dispose of debris, control dust and noise, and pest control.

3. Notify tenants of any interruption to building systems.

4. Maintain life safety systems in accordance with the New York City Construction Codes and the New York City Fire Code.

5. Maintain essential services such as heat, cold and hot water, gas, and electricity in residential buildings, other than one- and two-family residences. Where disruption of service may occur due to the scope of work, the tenants shall be notified of the anticipated duration of such disruption.

6. Maintain the existing level of accessibility to building spaces and facilities.

105.3.2.2 Compliance with other agency and utility company requirements.

The owner and the licensee, where required, shall be responsible for obtaining any required approval, permit or certification by other agencies or utilities having jurisdiction over the work performed. Related approvals and permits from other agencies and jurisdictions may include, but are not limited to, the following:

1. Asbestos certification as required by Article 106 of Title 28 of the Administrative Code

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2. Approval from the Department of Environmental Protection.

3. Approval from the Landmarks Preservation Commission.

4. Approval or permit from the Fire Department.

5. Permit from the Department of Transportation.

105.3.2.3 Work not requiring permits performed as an integral part of work requiring permits.

Work types that may not require a permit but that are performed as an integral part of an alteration to the building that requires a permit shall be filed with the Department as part of such alteration subject to Chapter 5 and Chapters 8 through 14 of this code, as applicable.

105.3.2.4 Change in scope of work.

Where a change in the scope of work during the course of construction results in work that requires a permit, work must stop until such time as a permit is issued.

105.3.2.5 Related approvals and permits.

Where related permits are required in connection with the work scope such approvals and permits shall be obtained in accordance with Article 105 of Title 28 of the Administrative Code.

105.3.2.6 Building materials and systems.

Building materials and systems shall comply with the requirements of this section.

105.3.2.6.1 Existing materials.

Materials already in use in a building in compliance with requirements or approvals in effect at the time of their erection or installation shall be permitted to remain in use unless determined by this code to be unsafe pursuant to Section 115.

105.3.2.6.2 New and replacement materials, assemblies and details.

New and replacement materials, assemblies and details permitted by the applicable code for new construction shall be used in accordance with Section 302.4.

105.3.2.6.3 Glazing in hazardous locations.

Replacement glazing in hazardous locations shall comply with the safety glazing requirements of the New York City Building Code

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105.3.2.6.4 Used plumbing materials and supplies.

Used plumbing materials and supplies shall not be re-used where prohibited by the New York City Plumbing Code

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105.3.2.7 Accessibility.

Minor alterations to existing buildings that are performed without a permit shall comply with the accessibility requirements of Chapter 11 of the New York City Building Code. Such work shall not reduce the level of accessibility as described under Section 306.4.

Exception. Ordinary repairs do not need to comply with the accessibility requirements of Chapter 11 of the New York City Building Code

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105.3.2.7.1 Provisions for accessibility modifications to certain features in dwelling units after occupancy.

Modifications to certain features in dwelling units shall comply with Section 1107.2 of the New York City Building Code. Such features include bathtubs, showers, kitchen counters, appliances in kitchens and kitchenettes, refrigerators/freezers, kitchen and kitchenette storage, operable windows, storage facilities, and laundry equipment.

105.3.2.8 Energy conservation.

Minor alterations and ordinary repairs to existing buildings or structures as defined in Section 202 are permitted without requiring the entire building or structure to comply with the energy requirements of the New York City Energy Conservation Code. The minor alterations and ordinary repairs shall conform with the existing building provisions of the New York City Energy Conservation Code

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105.4 Permits with respect to limited alteration applications.

Permits shall be required for limited alteration applications, subject to Chapter 5 of this code, in accordance with Article 105 of Chapter 1 of Title 28 of the Administrative Code

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105.5 Validity of permit.

The issuance or granting of a permit shall not be construed to be a permit for, or an approval of, any violation of any of the provisions of this code or of any other laws. Permits presuming to give authority to violate or cancel the provisions of this code or law shall not be valid. The issuance of a permit based on construction documents and other data shall not prevent the commissioner from requiring the correction of errors in the construction documents and other data. The commissioner is authorized to prevent occupancy or use of a structure in violation of this code or of any other ordinances of this jurisdiction.