Project Requirements for Owner - Public Right-Of-Way Encroachments - Buildings

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Do I Need a Permit?

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Project Advocate Program

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Project Requirements for Owner:
Public Right-Of-Way Encroachments

Work you can do without a permit, Licensed Skilled Tradesperson, Licensed Contractor, or Registered Design Professional

There is some minor work, described in the sections below, which can be performed without a work permit, without hiring a Licensed Contractor, and/or without hiring a Registered Design Professional.

Work you can do without a permit

The NYC Administrative Code §28-105.4.1 clarifies work exempt from permit, which does not absolve work from compliance with any other law or rules enforced by the Department. Owners are obligated to comply with requirements of other City agencies. Unless otherwise indicated, permits shall not be required for the following:

Ordinary plumbing work, per AC §28-105.4.4

Emergency work, per AC §28-105.4.1

Minor alterations and ordinary repairs, per AC §28-105.4.2, and as clarified by 1 RCNY 101-14

HVAC service equipment accessory to a Public Right-of-Way Encroachment project, as allowed by Table 2 of 1 RCNY 101-14

No permit, but work requires a Licensed Master Plumber

AC 28-105.4.4 lists work considered ordinary maintenance or repair, including allowable replacement/relocation of plumbing, gas piping, equipment and/or components, which must be performed by a Licensed Master Plumber.

Emergency work

AC 28-105.4.1 clarifies Emergency Work as work otherwise requiring a permit, performed to relieve an emergency condition. Licensed Contractors may perform emergency work as it relates to antenna projects prior to getting a permit as long as it is submitted within two (2) business days after work commences and includes a description of the emergency condition and mitigating measures taken, such as but not limited to:

Erection of sidewalk sheds, fences, or similar structures needed to protect the public from an unsafe condition;

Stabilization of unsafe structural conditions;

Repair of gas leaks.

Minor Alterations and Ordinary Repairs

NYC Administrative Code Section 28-105.4.2 defines minor alterations and ordinary repairs for which a permit is not required and lists work not considered as such.

When you need to hire a professional and obtain a permit

There are several aspects of Public Right-of-Way Encroachment Project work, including but not limited to the installation of: architectural façade details, marquees and associated drains, awnings, wall signs, wall mounted lighting, and ramps, which are required to only be performed by contractors with specialized trade licenses. Work permits are issued to these specialized trade license holders, who are also registered with the Department.

Master Plumber

Limited Plumbing Alteration work can only be performed by a Licensed Master Plumber. A Registered Design Professional (Professional Engineer (P.E.) or Registered Architect (R.A.)) must submit permit documents to the Department if work exceeds this.

Licensed Electrician

Electrical work including new installation, alteration, or repair of electric wiring, wiring apparatuses, appliances or equipment requires a separately submitted electrical permit and shall be performed by a New York City licensed electrical contractor who shall coordinate with other members of the project team. When such application includes work as listed below, it must reference the general project application number. Electrical construction documents are not required to be submitted by a Registered Design Professional, except as follows:

Electrical Plan Review plan examination, submitted by a Licensed Electrician when electrical equipment or installation is at least 1000 KVA. (1 RCNY § 34-05)

Energy Conservation Code compliance, to demonstrate Lighting Power Density Energy Code compliance. ECC § C406.3 and Table C405.5.2(2) for these requirements.

Fire Alarm System - FDNY Plan Examination, the periodic testing, inspection and maintenance by either a Licensed Electrician or Registered Design Professional.

FC 604

General Contractor

The Owner must hire a Registered Design Professional to submit permit application plans to the Department prior to work being performed by a General Contractor.

When you need to hire a Registered Design Professional, Licensed Master Plumber, Licensed Electrician or General Contractor to obtain a permit

A Registered Design Professional must submit construction plans for approval by the Department in order to obtain a work permit if the Public Right-of-Way work exceeds what is allowed under previously mentioned considerations.

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