NYC building violations are classified by city authorities as unsafe building (UB) conditions.  Dealing with them can be both expensive and highly complex.  Here are answers to some of the most frequently asked questions about New York City building problems.

1. How can I know if there’s a UB violation against property I own?

By checking the Department of Building’s website.  There, you’ll find the Buildings Information System (BIS).  Enter the property’s address.  If you see the UB designation in the results, then a citation has been issued against it.

2. How can I have a UB violation dismissed?

This can be done in one of two ways.  If the citation is correct, then you must complete the necessary modifications or repairs to remove the violating conditions and then have the property re-inspected.  On the other hand, if you believe the citation to be in error, then you can contact the Department of Building’s website in the borough that the property is located in to request a re-inspection.  If the citation is found to have been issued in error, it will be removed.

3. I’ve heard the term “survey” used in regards to UB violations.  What does it mean?

A survey is an on-site inspection of the property under investigation to determine if it is in violation of city codes.  The survey is conducted by a Department of Buildings inspector, who is accompanied by an independent engineer or architect.  A report is then prepared describing the unsafe conditions, if any, and outlining recommended methods for correcting them.  The property owner is normally assessed a $100.00 fee to cover the costs of the survey.

4. I am currently doing work on a property I own and have received a Notice of Survey and Summons.  Is there any way I can get this action cancelled so that I can resume construction?

You must first correct the conditions that led to the UB violation being issued in the first place.  Once this is done, you may contact the Department of Buildings office in your borough to arrange a re-inspection.  You must also pay the fee for the survey, if one has been assessed.

5. What is a “Lis Pendens?”

Also known as a Notice of Pendency, this is a public notice of the UB violation and any court actions pending against the property and/or its owner.

6. How can I cancel a Lis Pendens?

You must correct the conditions that led to the UB violation and pay any survey or other applicable fees.  After this is done, you can request that the county clerk of your borough cancel the action.

7. I have received a Notice of Survey and Summons for a property I neither own nor have an interest in.  How do I get it dismissed?

Contact the UB enforcement unit in your borough and advise them of these facts.  You may need to prove that you do not have ownership of, or interest in, the property in question.

8. What is a “precept?”

A precept is an order issued by a court.  It authorizes the City to perform the work needed on your property to remove the UB violation.  If this occurs, you will be liable to the City for the cost of the work.

9. What can I do if I wish to do the work to correct the UB violation myself, instead of allowing the City to perform the work for me?

You must contact the commissioner of the borough in which the property is located to make this request.  Be prepared to prove that you are able to do the work and have applied for the proper permits to do so.  The commissioner’s office will decide whether or not to grant your request.

10. How can I avoid hassles like these in the first place?

By contacting Burnham Nationwide first.  Our staff of experts can advise you on all matters pertaining to NYC building violations, including zoning variances, getting permits approved, and handling disputes.  Get in touch with us today!

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The most common NYC building violations usually occur in existing buildings. These violations vary, but the most common ones tend to endanger the health and safety of the occupants of these buildings. To help protect the health and safety of their citizens, the city of New York has provisions in place that give tenants the recourse that they need to report these violations.

Tenants can easily contact local officials about any violations that they notice. The officials will then issue the tenants a brochure about common NYC building violations, and they will also speak to the facility’s owner about fixing these issues. Some issues, however, are considered to be emergency issues. If an emergency violation is reported to the city, the city officials will simply fix it. Then, they will issue a bill to the building’s owners. These bills can be substantially larger than those that would have been incurred if the building’s owner was allowed to fix the issue by themselves.

In many cases, these violations are not an egregious attack on the tenants of the building. In most cases, they are actually oversights by the building’s owner, or they are violations that have developed during the course of the building’s life span. Luckily, when an owner has a building that they are concerned about, they can turn to professionals who can guide them. These professionals will work diligently to ensure that their clients’ buildings meet all of the necessary NYC building codes. These services are provided by companies like Burnham Nationwide, and they can also be useful for landlords who have recently acquired a new property.

If you are worried about whether or not your building meets the required codes, you should contact a professional at Burnham. They can help guide you in the correct direction. They have been working closely with landlords, tenants, and city officials for years. They can conduct a third party inspection, which can reveal whether or not your building has any violations. Finally, your Burnham consultant can provide you with the remedy that can help you fix these NYC building violations and avoid their reoccurrence.

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If you want to build a new driveway in New York City, you will need to obtain a driveway permit from the DOB (Department of Buildings) Office. Although building a new driveway may seem like a relatively small job, you will need to complete just as many steps as you would have to for a larger project.

Outside of the city, the rules concerning driveway permits vary. You should check the individual rules of your municipality or county. If your home is located on a State highway, you most likely need to obtain a driveway permit from the DOT (Department of Transportation). If you have any questions about what steps you need to take in your particular area, you can speak with a Burnham Nationwide consultant. They can give you advice about the process and help ensure you meet criteria within your area.

If you live in NYC, you need to complete the following steps. First, pre-file all of your forms. You must complete a PW-1 form which can be picked up at the DOB or downloaded from their website. You will also need a set of drawings of your plan. If you are also building a garage, you may need to fill out asbestos forms as well. Once you submit three copies of all of these forms to the DOB, they will determine how much of a fee you owe, and they will assign you a BIS job number.

After you pay your fee, your forms will be sent to the data entry department. They will enter the details of your application into their computer system and forward those details to a plan examiner. Once the examiner has the plan, he or she will check it for completeness and to ensure that it is inline with all of the relevant codes. If there are any problems at this point, the forms will be sent back to you.

A driveway permit should be an easy and straightforward process. However, they can sometimes take ages to process for just the simplest mistake. If you want to ensure that your application is perfect, you should have a consultant from a company like Burnham Nationwide guide you. The staff at their New York office has years of experience working with all sorts of permits and city officials and can help you ensure a smooth process.

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In order to obtain NYC building permits, you, as a PE (Professional Engineer) or an RA (Registered Architect), must put forward an application that includes your project’s construction plans. It is your responsibility to ensure that the plans follow all of the current NY building codes. Once these plans have been approved, you can file for a permit, which, once granted, allows you to finally start your project. If the city has any objections to the plan, the entire process must be repeated until all of the stipulations have been satisfied.
Although the process sounds quite straightforward, RA’s and PE’s can be forced to submit and resubmit their applications an interminable amount of times if they include any number of small mistakes. When you work with Burnham, we ensure that all the forms are filed correctly, all the codes are adhered to, and that the entire process is as expeditious as possible. In fact, as often as possible, we like to take advantage of the New York Buildings Department expedition program, called the Professional Certification Program.  This program saves time because it allows professionally certified construction plans to bypass the plan review. Skipping this step means that your application will be approved much faster than it would have if it required a review. 

The NY building codes are based on a set of 1968 codes and over forty years worth of municipal updates and additions. One of the most recent changes to the code that Mayor Bloomberg signed into law at the close of 2009 was the Greener, Greater Buildings Plan. Currently, these laws are the most detailed and ambitious set of energy efficient codes in the nation. However, what is good for the planet is not always simple and clear for RA’s and PE’s.

RA’s and PE’s can avoid the onerous task of wading through the new complex codes and years worth of updates that address everything from climber cranes to the prohibition of smoking cigarettes at construction sites when they sign up for the ‘Burnham special experience’ for unparalleled help in filing for NYC building permits and understanding NY building codes.  

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By: Michael Skomsky

The Burnham NY team proudly announces its participation in the Buildings NY/Greenbuildings NY 2010 Show on June 16 and 17 at the Jacob K. Javits Convention Center.  We will be at Booth #942, and we welcome all visitors to come by and speak to us about their permit expediting needs, building codes, and various energy related issues- such as sustainability, LEED programs, and the future of solar paneling.  Friends and colleagues of Burnham NY and Burnham Nationwide know already that, although we specialize in permit expediting, we represent much more. 

With over 500 exhibitors and 5,400 industry professionals expected to participate in this extravaganza, traditionally the largest buildings event for the New York metropolitan region every year, we are excited to be there.  This will mark the 6th year that Burnham NY has registered a booth at this event.  We certainly hope that people who are aware and interested in possibly working with us will take a few minutes to stop by and speak with our professional staff about their specific needs and concerns.  Building owners and managers, architects, engineers of various capacity, contractors, construction company managers, homeowners (of private homes, co-ops, and condos,) asset managers, brokers, and people from the general real estate and construction industry support staff, will all be present at the Jacob K. Javits Convention Center during those 2 days.  These people represent their organizations on the higher end of the corporate spectrum and, in many cases, are the decision-makers; or they will be the people to recommend exactly what needs to be done to the decision makers.

Burnham NY is ready to handle any conversation that comes our way.  We will be ready to conduct important business with people and firms on-site should they express interest in doing so.  We consider our time at the Buildings NY Show certainly time well spent by our representatives, and we sincerely believe that after speaking and meeting with us, you will display the same sentiment.

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By Bradd Hout

The NYC Department of Buildings is proposing changes to help improve the permit renewal process for stalled developments. Previously, the Department of Buildings would void permits on sites that had not begun construction work within one year of a permits issuance. under the new program, a developer is allowed 4 years of no activity before the permit will expire.

The city estimates that there are roughly 541 stalled construction sites across the five boroughs. Through this action, the department intends to help ease and speed the recovery of the construction and real estate industries in NYC.

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By: Arelis Batista

With the implementation of the NYC Construction Codes of 2008 Special Inspections replaced most Controlled Inspections for all construction projects approved on or after July 1, 2008. The scope of Special Inspections is similar to Controlled Inspections, defined in Chapter 17  of the 2008 Building Code and the Department’s Special Inspections Rule. The new code mandated that Special Inspections only be performed by Special Inspectors working for a Buildings Department-registered Special Inspection Agency.

In addition, the NYC Construction Codes of 2008 implemented similar requirements for Progress Inspections. Progress Inspection Agencies must be qualified to perform inspections required by the Rules of the Department, Title 28 of the Administrative Code, and/or the new NYC Building Code (Chapter 1 – BC 109). Inspections must be performed by a registered design professional with relevant experience, or a person under their direct supervision. Progress inspectors must also verify that Special Inspections, required prior to the Progress Inspection, have been completed and documented.

As part of the first phase of the implementation of the New York City Construction Codes., Special and Progress Inspectors and agencies had one (1) year to become certified by July 1, 2009. Qualifications inspectors are specific to trade and building code. (See Qualifications) In addition, inspectors and agencies must have the following insurance coverage:
Professional liability/errors and omissions insurance for a minimum of $500,000 for the term of the registration
General Liability insurance for a minimum of $1,000,000
Insurance required by the provisions of the New York State Workers’ Compensation and Disability Law.

The Department of Buildings has extended the period for compliance until December 31, 2009. in the interim, inspections are currently submitted on TR-1′s and applicants attest to compliance with the current requirements of the code. Projects filed prior to June 30, 2008 use the old TR-1 and projects filed after must use the new TR-1.

Registration as a Special Inspection Agency will be introduced later in 2009, allowing electronic registration for agencies performing Special Inspections. Currently, individuals meeting the qualifications and insurance requirements may certify inspections.

Note: No registration is required at this time. When a Special Inspector signs and submits the TR1, they’re certifying that they meet the qualifications under Appendix A.

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By Tom Walsh

The NYC Department of buildings has announced plans to build a new city owned and operated concreted testing laboratory and the implementation of a new concrete re-testing protocol after over 80 new buildings in NYC have been named in an indictment of Testwell Laboratories by the Manhattan District Attorney’s office. Testwell, who has been accused of falsifying concrete-testing documents, performed the required concrete inspections and technical reports. Testwell Laboratories is one of the leading in the industry and has performed concrete inspections on the new Yankee Stadium, Freedom Tower and the new Jet blue Terminal at JFK. All of the projects, along with 80 other projects will be required by the Buildings Department to re-test the concrete to verify it meets the current standards allowed by code.

The newly created city testing laboratory will be open in January 2010, focusing on High Rise and Low Construction through the five Boroughs. The Department of Design and Construction will be assigning employees, as well as a licensed professional as Director, to the new lab in the Bronx in the coming months.

View the official NY DOB Memo.

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The NYC Department of Buildings is enacting a new zoning review process this month that is aimed at giving the public greater access to what projects are being proposed in the city. The review, called the “develpment challenge process,” allows for the general public to challenge zoning approval issued by the department.

This enactment is interesting for many reasons. For one, the process is proposed to occur after the initial zoning review has been completed by the Department of Buildings. This not only places a greater sense of accountability on the department plan examiner, but also gives an inventive to the public to understand the facets of the NYC Zoning Resolution. The possibility of a savvy resident disapproving a plan examiners approval based on actual references to an ordinance seems very possible and somewhat unprecedented and interesting. While such public review models may exist in some form within planning and landmarks departments across the country, I think most building departments have rarely used this type of open review for the community. The willingness of the department to open itself to public comment is commendable in this sense.

Written by Bradd Hout

Aside from the interesting scenario noted above, the programs true intention is to provide residents with an increased ability to review the proposed projects in their neighborhood. I would agree that the public has a right to know and comment on new buildings in their area and this only reinforces this right. The resolution of conflicts that could be caused with an overload of comments and/or delays in review times will ultimately decide how successful this program becomes. In any event, the NYC Department of Buildings has certainly taken a step forward in becoming more transparent and accessible to the general public.

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Written by Demetrius James

The Certificate of Occupancy section of the NY Department of Buildings has shortened hours for application submission. Their new hours are 8:30 a.m. to 1:00 p.m., allowing the department more time to process applications.

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