TPP Frequently Asked Questions - Buildings

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TPP Frequently Asked Questions

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When is a TPP required?

If the owner section of the application (PW1) indicates that there are occupied dwelling units in the building, then a TPP is required, except for Alt-CO subsequent filings where the TPP is approved on the initial filing. The TPP cannot be waived if there are occupied dwelling units. The TPP must be approved before a permit application can be submitted.

Do I need to file a TPP for an LAA, electrical permit or Temporary Construction Equipment?

Currently, TPPs are not required in DOB NOW for Temporary Construction Equipment (fence, sidewalk shed and supported scaffold), curb cuts, signs, electrical nor Limited Alteration Application (LAA) filings. For temporary construction equipment, the TPP is submitted with the associated alteration filings.

Is a TPP required for a one-family home?

Yes, a TPP is required for applicable work types if the home is occupied. The TPP can be prepared by the applicant of record instead of the architect or engineer retained by the applicant of the permit.

On a site where the work involved does not affect tenants, is there a way to waive TPP?

If the owner section of the application (PW1) indicates that there are occupied dwelling units in the building, then a TPP is required. The TPP cannot be waived if there are occupied dwelling units.

Who can request a TPP?

A registered design professional (Registered Architect or Professional Engineer) submits a TPP. The RA/PE does not need to be a stakeholder on the filing (PW1).

How do I submit a TPP for a job filing created in DOB NOW before December 28, 2020?

The Tenant Protection Plan is listed in the Document section of filings created in DOB NOW before December 28, 2020, and a TPP1 form is required to be uploaded before plan approval.

When can I request a TPP?

Currently, the TPP review request can only be created and submitted after the job filing is approved. The TPP must be approved before a work permit can be requested. For professionally certified jobs, the work permit (PW2) cannot be submitted at the same time as the PW1 if there is a TPP requirement on the filing. In the future, DOB NOW will be changed so that a TPP review request can be submitted at the same time as completing the job filing.

What is the contractor’s role in requesting the TPP?

The contractor (permit applicant) is responsible for retaining the registered design professional who requests the TPP. For one- or two- family homes, the applicant of record of the job filing (PW1) can request the TPP.

Does each permit for a project need a separate TPP if it is filed under separate related applications or subsequent filings?

Yes, every filing needs a TPP unless it is an Alt-CO subsequent filing and the TPP was approved on the initial filing. All other subsequent filing requires a TPP because scope of work is being added.

Is a Tenant Protection Plan required for all Alt-CO filings?

For Alt-CO filings the TPP is required on the job, not the individual filings. Once the TPP is approved on the initial filing, it is not required on the subsequent filings.

Is a TPP required for commercial or community facility buildings without residential units?

A TPP is not required but an OPP (Occupant Protection Plan) might be necessary. If an OPP is required it is not filed with DOB but must be made available at the work site.

Can I change the owner information on the TPP request?

No, the owner information on the TPP request is automatically populated from the owner information provided on the job filing (PW1). If the owner information needs to be changed, submit a request to supersede the owner on the job filing to the help form at nyc.gov/dobnowhelp.

Do I need to submit plans or documents with the TPP request?

The only document that is required is a DPL-1 form if the applicant of the TPP request is different from the applicant on the job filing (PW1). The TPP request replaces the TPP1 form and the form should not be uploaded in DOB NOW. Any supporting documents including plans and drawings can be uploaded in the Documents section, using the Additional Supporting Documents tab, above the Documents tab. Plans and drawings are not required but can be included to explain a complex Tenant Protection Plan.

How do I find out why the TPP request was QA Failed?

The reasons will be included in an email notification sent to the applicant and owner. The applicant of the TPP request and owner can also log into DOB NOW and open the TPP request from their dashboard. A QA Failed Reasons tab will appear on the left menu under the Documents tab. The QA Failed reasons need to be addressed and then the applicant needs to resubmit the TPP request for it to be reviewed again by DOB.

How do I print an Occupant Notice to be displayed at the job site?

For jobs created in DOB NOW prior to December 28, 2020 or BIS jobs that required uploading a TPP1, use the Occupant Notice template. The Occupant Notice is pre-populated in DOB NOW for jobs created after December 28, 2020. The permit applicant can print the notice after the permit is approved from the Filing Action column on the permit dashboard. See page 33 of the TPP Training Presentation for more information.

How do I print the Tenant Protection Plan?

Log into DOB NOW and open the job either from the Job Filings dashboard or use the Search option to locate the job by number or BIN. Select the Tenant Protection Plan tab on the job, open the TPP request and then select the View Request button to generate a PDF version of the request.

How can the public view the Tenant Protection Plan?

The Tenant Protection Plan information can be viewed in the DOB NOW Public Portal at nyc.gov/dobnow by searching by address or job number. If the job was created prior to December 28, 2020, the Tenant Protection Plan will be listed under the Documents section of the job filing. From the Property Profile page, select BUILD: Job Filings and view the job filing. If the job was created December 28, 2020 or later, select Active Tenant Protection Plans at the top of the page.

How do I make changes to the TPP after it is approved?

If the Applicant needs to update the TPP after it has been approved, select Update Approved TPP from the Action column for the filing or from the TPP dashboard. Make changes as appropriate, and then Save and Submit. The update must be approved by DOB.

What is a normal turnaround time for a TPP QA review?

The current service level is 3 business days or less.

My TPP was audited, and I was instructed to submit a TPP Update. How do I do this?

Only the Applicant of the Approved TPP can submit a TPP Update by navigating to the TPP request from the dashboard or job filing and selecting Update Approved TPP from the Filing Action column.

How do I notify DOB 72 hours before starting work on a building with a TPP?

Any stakeholder on the filing (applicant, owner, filing representative or permit applicant) can submit the notification in DOB NOW after the permit is issued. From the dashboard, select +Notifications and then Tenant Protection Plan 72 Hour. To change the work start date, cancel the prior notification by going to the Tenant Protection Plan 72 Hour Notifications dashboard and selecting the trash can icon from the Action column.

Can I supersede the Applicant on the TPP request?

Yes. The Applicant on a Tenant Protection Plan Request can be superseded by selecting the Update/Supersede option.

Can the TPP Applicant of Record perform the Tenant Protection Compliance special inspection?

Section 28-120.1 of the New York City Administrative Code requires the registered design professional preparing the tenant protection plan to be retained by the General Contractor. Section 1704.1.1.2 of the Building Code requires the Special Inspection Agency and inspectors to be independent of the contractor responsible for the work. Therefore, the RDP preparing the TPP is not permitted to be the Special Inspector.

Who can be the Special Inspector on the Tenant Protection Compliance special inspection?

Until further notice, a Special Inspection Agency (SIA) registered for Luminous Exit Path Markings can also perform Tenant Protection Compliance special inspections. The TPP applicant cannot serve as the SIA on the Tenant Protection Compliance special inspection. See Buildings Bulletin 2022-014 for further information.

When is a Tenant Protection Compliance special inspection required in DOB NOW?

A Tenant Protection Compliance TR will be added to the job in DOB NOW if the work requires a Tenant Protection Plan. A Tenant Protection Compliance will not be added if the work is:

On a 1-, 2-, 3- family home; or

Limited to the interior of an owner-occupied single dwelling unit with no disruption to the essential services of other units (Questions 8 and 9 on the Owner’s Attestation); or

Limited to the interior of a single dwelling unit in an occupied dwelling three stories or less in height (Question 10 on the Owner’s Attestation).

Is a Tenant Protection Plan required for all Alt-CO filings?

For Alt-CO filings the TPP is required on the job, not the individual filings. Once the TPP is approved on the initial filing, it is not required on the subsequent filings.

For the Tenant Protection Compliance special inspection, are electronic site logs acceptable?

The law doesn’t require the logs to be maintained in a specific format. Therefore, both paper and electronic logs are acceptable to the Department provided the logs are made available to the Department upon request, including when inspectorial staff are onsite.

What are the qualification requirements for special inspectors who conduct inspections to verify tenant protection plan compliance?

1 RCNY 101-06, which pertains to special inspectors and special inspections agencies includes the qualification requirements for the special inspector for tenant protection plan compliance.

The qualifications for the Primary Inspector or Inspection Supervisor is a Professional Engineer or Registered Architect with relevant experience. Relevant experience is defined as “direct participation and practice related to the underlying construction activities that are the subject of the special inspection where such participation has led to accumulation of knowledge and skill required for the proper execution of such inspection.”

When is a special inspector for the Tenant Protection Compliance special inspection required to report a condition to DOB?

Pursuant to Item 6.3 of Section 1704.1.1.2 of the Building Code, “the special inspector shall report conditions noted as hazardous to life safety or health that are not immediately corrected to the immediate attention of the commissioner.” Such notification should be made via 311.

Is the TPP special inspection required if the unit is not occupied?

Weekly TPP Special Inspections are not required if the unit will be unoccupied during construction, as long as the unit was occupied by the owner prior to the construction and the work will not disrupt the essential services of other units.

When did the special inspection requirement for TPPs become effective?

Local Law 126 of 2021 added the special inspection requirements for projects that require a TPP. The law went into effect on November 7, 2022. Therefore, special inspections are required for all projects requiring a TPP that have been permitted on or after November 7, 2022.

Who is responsible for hiring the special inspector for the Tenant Protection Compliance special inspection?

Section 1704.1.1.2 requires the special inspector to be independent of the contractor performing the work. Therefore, the owner is responsible for hiring the special inspector.

Are weekly TPP special inspections still required if the work is limited to the interior of an owner-occupied unit and no longer disrupts essential services?

Weekly TPP Special Inspections are not required if the work is limited to the interior of an owner-occupied unit and no longer disrupts essential services.