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Project Guidelines for Design Professionals
Engineers (PE) & Architects (RA)
Local Law 108/2019

Project Guidelines for Design Professionals

Engineers (PE) & Architects (RA)

Local Law 108/2019


Temporary Use Permit

Temporary use of outdoor or indoor spaces may be permitted provided the space is occupied in a manner that will not endanger public safety, health, or welfare. The erection of temporary structures including but not limited to tents, grandstands, platforms, reviewing stands, outdoor bandstands, stages and similar miscellaneous structures and equipment, and for the temporary use of such structures may also be permitted. Upon review of a Temporary Use Permit (TUP) application, the Department may issue a letter authorizing such temporary use.

Temporary Use Permit Application

A Registered Design Professional (registered architect/professional engineer) is required to complete a Temporary Use Permit application and email the completed form to TempUse@buildings.nyc.gov no later than 15 business days prior to the construction of the temporary structure or the commencement of the temporary use. Include all required documents as listed in the TUP Checklist as a single PDF with the application. Upon submission, DOB staff will perform a preliminary completeness review and provide a TUP number and the required fee. Renewals of existing TUPs must also submit a completed Temporary Use Permit application and provide previous TUP issued.

Temporary structures must be filed as a separate alteration in DOB NOW as a General Construction (GC) filing. The use of a temporary structure or the temporary use of space as a place of assembly (TPA) requires a separate temporary place of assembly certificate of operation (TPACO) that is also filed in DOB NOW.

Prior to issuance of the Temporary Use Letter, applicants will be directed to pay the required fees in-person at any DOB borough office. Fees for any associated temporary structure or temporary place of assembly must be paid separately in DOB NOW. Fees for Temporary Use are as follows:

$100.00 for the initial 30 days of duration

$130.00 for each additional 30-day period of permit duration (90-day maximum)

$130.00 for each additional 30-day renewal (90-day maximum per renewal).

The receipt for the fees paid must be sent to TempUse@buildings.nyc.gov within 48 hours of receipt of the TUP number to prevent forfeiture of the application. Temporary Use Permit application reviews will not commence until a valid receipt is provided.

Such letters authorizing the temporary use are limited to the time of service or use and may not be permitted for more than 90 days. Extensions may be granted upon demonstrated cause and renewed application.

For TUP applications related to Major Projects Development Program (MPP), applicants are to reach out to the Development HUB Project Advocate assigned to their project. TUPs related to MPP applications will not be accepted through TempUse@buildings.nyc.gov.

Temporary Use Permit Requests

TUP intake form completed and signed/sealed by Registered Design Professional (RDP) requesting TUP. The following must be indicated:

Dates of use (max. of 90 days each request)

Days of use (Mon, Wed, etc.)

Times of use for each day

Type of Use (Model Apartment, Sales Office, etc.)

Floor or room/space of Use

Floor plans with layouts and any additional supporting documentation (existing Certificate of Occupancy, Place of Assembly Certification, etc.)

Inspection Reports: construction, plumbing, sprinklers and elevators, if alteration work is required for use

After completeness check, and prior to review:

Proof of Payment (receipt from any borough office)

Initial 30 days of duration – $100

Each additional 30-day period up to 90 days included in initial – $130
(i.e., 90-day TUP = $100 + $130 +$130 = $360)

Renewals – $130 for each 30-day period

How to Submit

TUP requests must be emailed to TempUse@buildings.nyc.gov. Paper submissions to DOB borough offices will no longer be accepted.

Processing

Email inbox check (Mon, Wed, Fri) – project advocate team, admin to provide back up when needed

Completeness check, TUP log, and fee assessment – project advocate team

After completeness check is done, the reviewer informs the applicant of the TUP# and the total fees required, then directs the applicant to pay in-person at a DOB borough office.

Reviewer also emails the Borough Commissioner of where the TUP is be sought for their awareness

If MPP, reject and direct applicant to contact the Dev Hub PA for their project

Once receipt is received, review commences

Primary Reviewer – project advocate team; Secondary Reviewer – Borough/Deputy Borough Commissioner

Approval: Borough/Deputy Borough Commissioner signs TUP letter for project advocate team to distribute to applicant via the Temporary Use email (TempUse@buildings.nyc.gov).

Objections: Reviewer informs applicant of any objections

if applicable, obtain Temporary Place of Assembly certificate and/or Temporary Structures permit

once resolved, TUP request may be approved.

Renewals

TUP renewal requests must be indicated as renewal on updated TUP intake form and include original approved submission. If changes proposed, submit new TUP request.

Helpful Links

Temporary Use Permit Application

Temporary Use Permit Checklist