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Project Requirements for Owner: Mercantile, Business and Place of Assembly

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 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:

Administrative Code section AC 28-105.4.2 and 1 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

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

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 two (2) business days after work commences and includes a description of the emergency condition and mitigating measures taken. Emergency work, as it relates to full demolition 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.

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.

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

There are several aspects of Renovation 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, which 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:

  • Electrical Plan Review (then click on 1 RCNY § 34-05 – submitted by a Licensed Electrician when electrical equipment or installation is at least 1000 KVA.

  • Energy Conservation Code Compliance – to demonstrate Lighting Power Density Energy Code compliance. NYCECC sections 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. Construction documents prepared by a Registered Design Professional shall be part of the project submittal for new installations or alterations of existing fire alarm systems. Review shall be performed by an FDNY plan examiner.

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

If the Mercantile, Business or Place of Assembly project is comprised of aspects of work exceeding what’s allowed under the sections 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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