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Determination Requests

Applicants may request Department determinations of the Zoning Resolution and Construction Codes (2014 Construction Code, 1968 Building Code, and Multiple Dwelling Law (MDL)). Determination Requests may be submitted to the Department for:

  • A possible future objection for an application not yet filed
  • Appeal of an affirmation of objection after second plan review

Construction Codes Determination (CCD1) requests and Zoning Resolution Determination (ZRD1) requests submitted to the Department for review are subject to the following fees per §28-112.2 of the NYC Administrative Code, and the Rules of the Department 1 RCNY 101-03.

  • CCD1 or ZRD1 request for Determination - $1,000
    • Pre-Determination (pre-filed job) Request
    • Request for variation of a Code or Zoning requirement or MDL section 277.16
    • Appeal of an affirmation of an objection after a second plan examination review
  • Appeal of CCD1 or ZRD1 Determination - $2,500
    • EXEMPTIONS: Properties that are exempt from fees per §28-112.1 and 1 RCNY 101-03.

Electrical Special Permission requests are submitted using the CCD1 process. See 1 RCNY 4000-01 for more information.

  • CCD1 request for Electrical Code Variance - $350 paid where objection was issued
  • Appeal of CCD1 Electrical Code Variations - $350 paid where objection was issued

Requests for Determinations & Appeals

To submit a request for a Pre-Determination, Determination or Appeal, log into DOB NOW and select +Determinations. The fees for these requests are paid in DOB NOW. For Pre-Determination requests, the Applicant must be one of the following: a Registered Architect, Professional Engineer, Registered Landscape Architect, licensed Elevator Director or Co-Director, or an attorney if there is no Applicant of Record.

Requests for Second Review of Plan Examination Objection

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.

A second review of plan examination objection needs to be upheld before an applicant is allowed to submit a Determination request to escalate the affirmation of an objection.

Review of Determinations

  • The Determination Request will be reviewed by the appropriate borough office. The request will be approved, approved with conditions, or denied.
  • When the borough office denies a Determination Request, the applicant may submit an appeal to the Department’s Technical Affairs Unit (requires payment of $2,500 appeal fees).
  • When the Department denies an appeal, applicants may make any subsequent appeals to the Board of Standards and Appeals.

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