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Emergency Executive Order 235

September 7, 2021

Download Emergency Executive Order 235

WHEREAS, the public safety was imperiled by a flash flood emergency caused by the remnants of Hurricane Ida that flooded roads, impacted mass transit, stranded motorists, and caused widespread damage to residential and commercial buildings throughout the City, causing unsafe conditions in those buildings and imperiling health and safety;

WHEREAS, the repair and re-occupation of buildings damaged by the storm is essential to the public health, safety and economic well-being of the City and will be encouraged and incentivized by waiving certain fees that would be payable to the Department of Environmental Protection for asbestos removal or the Department of Buildings (“Department”) for permits and inspections required by law for such work and would alleviate conditions of imminent peril; and

WHEREAS, on September 1, 2021, I declared a state of emergency to exist within the City of New York, extended most recently by Emergency Executive Order 234, and such declaration remains in effect for a period not to exceed thirty (30) days or until rescinded, whichever occurs first;

NOW THEREFORE, by the power vested in me as Mayor of the City of New York pursuant to law, including Executive Law § 24, I hereby order:

Section 1.  I hereby direct that section 2 of Emergency Executive Order No. 234, dated September 5, 2021, is extended for five (5) days.

§ 2.  I hereby suspend the following provisions of the Administrative Code of the City of New York (“Admin. Code”) to the extent necessary to allow the Department to waive all fees, which would otherwise be required to be paid to the Department by Title 28 of the Admin. Code, the electrical code or the rules of the Department, in connection with applications, permits and inspections for work including:

  1. The fees required by Admin. Code § 27-3018(c) relating to electrical permit fees;
  2. The fees required by Admin. Code § 28-104.5 relating to construction document filing fees;
  3. The fees required by Admin. Code § 28-105.6 relating to permit filing fees;
  4. The fees required by Admin. Code § 28-112.1 and Table 28-112.2 relating to fees and fee table; and
  5. The fees required by Admin. Code § 28-112.8 and Table 28-112.8 related to special fees.

 Applications and permits for demolition work, alteration work, new building work, plumbing work, electrical work, and associated work permits and inspections, as described in this section, shall be eligible for suspension of fees if the applicant submits a certification that such work is due to storm damage.

§ 3.  I hereby suspend section 1-25 of Title 15 of the Rules of the City of New York to the extent necessary to waive fees related to the removal of asbestos and waive the seven (7) day advance submittal requirement. Applicants shall be required to submit a certification that such work is due to storm damage to be eligible for suspension of the fees.  

§ 4.  I hereby direct that sections 2 and 3 of this Order shall be retroactive and deemed to have been in effect as of September 1, 2021.

§ 5.  This Emergency Executive Order shall take effect immediately and shall remain in effect for five (5) days unless it is terminated or modified at an earlier date.

Bill de Blasio