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Determinations FAQs
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Do all appeals of a plan examiner's affirmation on DOB interpretation of a specific issue require a determination (CCD1 or ZRD1)?
No, you must first request a second plan examination review, which is covered by the application filing fee and does not require additional fees.
To request a second review of an objection issued by a plan examiner on a DOB NOW job, go to the job filing and select Second Review of Objection under Select Action. For BIS jobs, select +Requests and Second Review of Objection and enter the BIS job number.
When a borough office rejects a second review request of a plan examination objection, the applicant may either revise the plans or submit a Determination request (CCD1 or ZRD1) to appeal the affirmation of an objection.
What is the process when a second review is rejected and a CCD1 or ZRD1 is required?
If the second review of objection request was upheld, then in DOB NOW from the left menu under Requests, go to the Second Review of Objection/Objections to Board of Standards and Appeals dashboard. Locate the second review of objection request number (begins with SECPE) that you wish to escalate. In the Filing Action dropdown, select Determinations
When an examiner asks for Borough Commissioner Approval for design layout (i.e. double height space, attended parking, three plumbing fixtures in cellar or a questionable layout) or project cost, will that require a determination with the new fee to be paid?
A determination is not required. The applicant may request a second plan examination review.
Can applicant schedule an appointment with the Borough Commissioner or Deputy Borough Commissioner before submitting a Determination?
No, the opportunity to speak to the borough office is during the second review of plan examination process. If the borough office rejects a second review request, the applicant may revise the plans or submit a Determination request to appeal the affirmation of an objection.
Where do I pay the fee for CCD1 of ZRD1 requests?
Submit payment in DOB NOW as part of the request.
Is a determination (CCD1 or ZRD1) fee required if the project is fee-exempt?
Determination requests are special fees. Customers who request this special service are required to pay fees regardless of the property status or entity status. See Buildings Bulletin 2014-027.
EXCEPTIONS:
- No fee will be charged for proposed one, two, or three-family dwellings or for alterations for one, two, or three-family dwellings (excluding conversions of one, two, or three-family dwellings to any structure other than a one, two, or three-family dwelling).
- No fee will be charged for any building that the New York City Department of Housing Preservation and Development certifies.
For one, two and three family residences, exempt under the rule, are accessory structures, which are not specifically mentioned as exclusions, such as detached garages, cabanas, etc., exempt from determination fees?
Yes.
What is the time frame for processing a Determination request?
The service level for review of all determination requests is 10 Business Days.
Will 'paid' CCD1s and ZRD1s take precedent over 'free' fee-exempt CCD1s and ZRD1s?
No.
Will 'paid' determinations be made available to public?
No. Determination or appeal outcomes are not available to the public.