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Project Requirements Owner: Creation and Alteration of Habitable Apartments in Basements or Cellars of 1- and 2-Family Buildings Mixed Use Buildings (Local Law 49 of 2019)

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

There is some minor work, described below, that 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 §28-105.4.5 clarifies work that is 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:

NYC Administrative Code 28-105.4.2 and Local Law RCNY 101-14 allow certain repairs and replacements of mechanical systems and related elements without contractor permits.

No permit, but work requires a Licensed Master Plumber

Ordinary Plumbing Work. AC 28-105.4.4 lists work considered ordinary maintenance and repair, including allowable replacement/relocation of plumbing, gas piping, equipment and components, which must be performed by a Licensed Master Plumber who must submit a monthly report to DOB.

Emergency Work

Administrative Code Section 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 prior to getting a permit as long as it is submitted within 2 business days after work commences and includes a description of the emergency condition and mitigating measures taken. Emergency work, as it relates to Basement/Cellar projects, may include but shall not be limited to:

  • Erection of sidewalk sheds, fences, or other similar structures to protect the public from an unsafe condition.
  • Stabilization of unsafe structural conditions.
  • Repair of gas leaks.
  • Replacement of parts required for the operation of a combined standpipe or sprinkler system.
  • Repair or replacement of heating or hot water equipment servicing residential occupancies during the heating season or education occupancies between November 1st and May 1st.

Minor Alterations and Ordinary Repairs

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

Service Equipment

Mechanical equipment work does not require a permit in buildings as described in 1 RCNY 101-14, Table 2: Section II does not require a permit.

When you need to hire a Licensed Contractor to obtain a permit

Several aspects of Basement/Cellar Alteration project work, including but not limited to piping, fuel-burning equipment, ductwork, air-conditioning equipment, electric wiring, and the repair or replacement of interior/exterior finishes, can only be performed by contractors with specialized licenses to perform such required work, and permits are issued to these registered trade license holders.

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.

Master Plumber

Limited plumbing alteration work as described in AC 28-101.5 can only be performed by a Licensed Master Plumber. A Registered Design Professional 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 or requires New York City Energy Conservation Code (NYCECC) compliance, 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:

When you need to hire a Registered Design Professional, Licensed Contractor and obtain a permit

If the Basement/Cellar Alteration project is comprised of aspects of work exceeding what is allowed under the information listed above, then a Registered Design Professional must submit construction plans, for approval by the Department, prior to obtaining a work permit.

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