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Project Requirements: Withdrawals of Project Application, Applicant and Licensee
Guide to Supersedes & Withdrawal in DOB NOW
For a summary of how to request supersedes (changes) and withdrawals pertaining to filings in DOB NOW: Build, see the DOB NOW Supersede & Withdrawal Guide.
Application Withdrawal
When the property owner wants to withdraw a project application, either following submission, approval or after a permit is issued, the following apply:
Prior to Permit
Owner or an authorized representative must submit an online withdrawal request. The application must be placed on hold. If the withdrawal is prior to first review, the project application may be eligible for a partial refund of the fees paid. All others fees may not be refunded.
*Exception: Applications submitted for legalization to withdraw a legalization application, a review and approval from the Borough Commissioner’s office is required, including an inspection. Following an acceptable inspection report, the withdrawal may be allowed. However, if an open violation exists for which the project application was submitted for legalization, and civil penalties and/or legalization fees were paid, the job may not be withdrawn. In such cases, all open violations must be cured and the project completed to obtain sign-off.*
Permitted Application
Owner or an authorized representative must submit an online withdrawal request and indicate the status of the project, whether work was undertaken or not, and the following apply:
- A stop work order is issued for the project.
- An inspection of the site is required to verify field conditions.
- If project work did not commence, and the inspection report is accepted, application is approved for withdrawal.
- If work has commenced, and the inspection report confirms that only minor work was done, and/or that the site is restored and is safe to occupy, the application may be allowed to be withdrawn by the Borough Commissioner’s office. If the project needs to be suspended at the stage of completion, as verified by the inspection report, the Applicant-of-Record must amend to reduce the project scope to cover the work completed. A review by the Borough Commissioner’s office may specify submission of an As-Built drawing for the partially completed project to be signed-off and closed for withdrawal.
Change/Withdrawal of Applicants
Change Applicant of Record for Project Application Prior to Permit
To change an Applicant-of-Record for the project, it must be superseded by another applicant. New signed and sealed drawings by the superseding applicant must be submitted to the Department. It is unethical to sign and seal another professional’s drawings. Applicants may exercise one of the two option listed below:
Option I
Leave the approved construction documents in place and acknowledge the design submittal by the first applicant, and supersede the execution responsibilities from the superseding applicant – require acknowledgement from both professionals.
Option II
With owner’s consent, the superseding applicant submits revised documents as the new applicant of record with his/her sign and seal.
Special Inspection Agency Withdrawal
A Special Inspection Agency must be engaged for the entire project, or until they have properly withdrawn responsibility. Change of a responsible Special Inspection Agency, after issuance of a work permit, must be documented.
Withdrawal
The responsible Special Inspection Agency must submit to the borough office a signed statement expressing his/her intention to withdraw at an effective date with satisfactory documentation notifying the owner. Effective date must be at least 30 days, but not more than 90 days from the date of submission to the Department. Document work completed to date, and on date of withdrawal must be updated to incorporate any work completed after initial notification.
Replacing with New Special Inspection Agency
The borough office will notify the owner and require retaining a Special Inspection Agency to replace and assume responsibilities for Special Inspections.
New Applicant replacing the Special Inspection Agency on record must submit a new TR1: Technical Report form in the Borough Office. Failure to replace the responsible Special Inspection Agency as of effective date of withdrawal will result in the issuance of a stop work order and in the revocation of work permit. In addition, failure to document changes will prevent and hold sign-off.
Licensee Withdrawal (Applicant of Record/Contractor)
Applicants/Contractors withdrawing from a permitted application must: submit a letter of request to withdraw to the Borough Commissioner’s office; list corresponding permits; and provide the status of work completed.
Upon receipt of the withdrawal request, the Borough Commissioner’s office will:
- place an administrative hold on the application
- send a ‘Notice of Order to Stop Work Immediately Due to Applicant/Contractor Withdrawal’ to the Owner and Applicant/Contractor
- send an inspector to verify field conditions and issue a Stop Work Order (SWO) for all work under the withdrawing application/permits; the SWO will remain in place until the new Applicant/Contractor files the necessary superseding applications and/or obtains new work permits.
To prevent revocation, the Owner may submit a written request for extension to the Borough Commissioner’s office to hold revocation until a new Contractor is hired. When the new Applicant/Contractor has filed the necessary superseding application or obtained new work permits, the Borough Commissioner’s office will remove the application hold, then send the Applicant, Owner and Inspections a letter of ‘Rescission of Intent to Revoke Approval(s) and Permit(s)’ and order the SWO lifted.
*Note: Due to the statute of limitation no action is taken for contractor withdrawal requests if the permit has been expired for more than two (2) years.