Operations Policy And Procedure Notices #02/04

Date:

January 22, 2003

Subject:

Effective:

Immediately

Reference:

AC §27-197

Supersedes:

Purpose:

To standardize the Department's implementation of New York City Administrative Code ("AC") §27-197, with respect to the revocation of permits.

Specifics:

The attached form letters are to be used to provide notice to the applicant, owner and contractor when revocation of a permit is considered. The appropriate use of each form is described below.

1. General Provisions
   
   1. Issuing persons 

   Letters of intent to revoke permits (Form Nos. 1 & 2) and of rescission of intent to revoke permits (Form No. 4) may be signed by the Commissioner, Borough Commissioner and Deputy Borough Commissioners. Permit revocation letters (Form No. 3) are to be signed by the Commissioner or Borough Commissioner.

   2. Addressees 

   Letters are to be mailed to the applicant, the owner of the premises, and all contractors holding Department permits for work at the premises under the applicable application numbers.

   3. Copies 

   All permit revocation letters and all letters regarding the status of a stop work order are to be copied to the following Department Units or Offices: Technical Affairs, Investigations and Discipline (IAD), Citywide Inspections, Technical Compliance Unit (TCU), Borough Commissioner, and Borough Chief Inspector.

2. Notice of Intent to Revoke; Form Nos. 1 & 2
   (forms are in Adobe® Acrobat® Reader format)
   
   1. Applicability 

   Attached are the two letter formats (Form Nos. 1 & 2) to be used to give notice of the Department's intent to revoke the application approval(s) and permit(s) on the bases set forth in AC § 27-197. All letters should state the specific reason for revocation.

   2. Selection of appropriate form
      1. Form No. 1 (PDF) contains an immediate order to stop work. Form No. 1 is to be used to immediately suspend permitted work when it has been determined that the reason for revocation presents an imminent peril to life or property.
      2. Form No. 2 (PDF) does not contain an immediate order to stop work. Form No. 2 is to be used when there is no cause for immediate suspension of permit(s).
   3. Response 

   The Department must receive a response to a letter of intent to revoke within ten days of the posting of the notice letter by mail (the "notice period"). The Department may grant a request for an extension of the notice period to allow additional time to respond. However, no extension may be granted for an indefinite period of time.

   In the event the response provides that corrective action acceptable to the Department will be immediately undertaken, the Department may extend the notice period to allow time to complete such corrective work. However, until such work is completed and the basis for the proposed revocation is remedied, a rescission of the notice of intent to revoke letter (see Section III below) is not appropriate.

   4. Subsequent Notification 

   A letter of intent to revoke does not by its terms constitute a revocation at the end of the notice period. Issuance of a letter of intent to revoke must be followed by a revocation letter (Form No. 3) or a rescission letter (Form No. 4) upon expiration of the notice period.

3. Revocation of Approval and Permit; Form No. 3 (PDF)

Attached is the letter format (Form No. 3) to revoke the approval(s) and permit(s) upon expiration of the notice period where either no response is received, or an inadequate response is received, in that the response neither provides that the condition that is the basis for proposed revocation was resolved, nor was acceptable corrective action undertaken.

All permit revocation letters must contain an immediate order to stop work that shall become operative immediately, unless a stop-work order is already in effect. All revocation letters should set forth the specific reason for revocation.

4. Rescission of Notice of Intent to Revoke; Form No. 4 (PDF)

   Attached is the letter format (Form No. 4) to rescind a notice of intent to revoke the approval(s) and permit(s). The rescission letter also rescinds any order to stop work at the premises that may have been imposed in connection with a notice of intent to revoke. The rescission letter should be used when the Department has received a response that sufficiently demonstrates that the permit(s) should not be revoked.

5. Personal Service of Notices of Intent to Revoke

   AC § 27-197 allows the Department to give notice of its intent to revoke the application approval(s) and permit(s) by mail or by personal service. Personal service shortens the notice period to five days. The attached form letters are not intended for personal service, but rather for service by mail allowing a ten day notice period. The General Counsel's Office should be consulted where personal service and a five day notice period are being considered.