Project Requirements Owner: Manufacturing Buildings (Alterations)

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. Exemptions from permit requirements of this code shall not be deemed to grant authorization for work to be done in any manner that violates the provisions of the code, including the Zoning Resolution or any other law or rules enforced by the DOB. 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 Local Law 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 who must submit a monthly report to DOB.

Emergency Work

Licensed Contractors may perform emergency work without initially getting a permit. AC 28-105.4.1 clarifies ‘emergency work’ as work otherwise requiring a permit, performed to relieve an emergency condition. However, the application for a permit shall be submitted within two (2) business days after the commencement of the emergency work, perform required inspections to close out the project, and shall include a written description of the emergency condition and the measures undertaken to mitigate the hazard.

Emergency work, as it relates to alteration 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. A permit shall not be required for minor alterations and ordinary repairs.

Minor Alterations

Minor changes or modifications in a building or any part thereof, excluding additions thereto, that do not in any way affect health or the fire or structural safety of the building or the safe use and operation of the service equipment therein. Minor alterations shall not include any of the work described as “work not constituting minor alterations or ordinary repairs.”

Ordinary Repairs

Replacements or renewals of existing work in a building, or of parts of the service equipment therein, with the same or equivalent materials or equipment parts, that are made in the ordinary course of maintenance and that do not in any way affect health or the fire or structural safety of the building or the safe use and operation of the service equipment therein. Ordinary repairs shall include the repair or replacement of any plumbing fixture, piping or faucets from any exposed stop valve to the inlet side of a trap. Ordinary repairs shall not include any of the work described as “work not constituting minor alterations or ordinary repairs.”

Work not constituting minor alterations or ordinary repairs

Minor alterations or ordinary repairs shall not include:

  • The cutting away of any load bearing or required fire rated wall, floor, or roof construction, or any portion thereof.

  • The removal, cutting, or modification of any beams or structural supports;

  • The removal, change, or closing of any required exit;

  • The addition, rearrangement, relocation, removal or replacement of any parts of the building affecting loading or exit requirements, or light, heat, ventilation, or elevator requirements or accessibility requirements, or any fire suppression or fire protection system;

  • Additions to, alterations of, or rearrangement, relocation, replacement, repair or removal of any portion of a standpipe or sprinkler system, water distribution system, house sewer, private sewer, or drainage system, including leaders, or any soil, waste or vent pipe, or any gas distribution system;

  • Any plumbing work other than the repair or replacement of plumbing fixtures, piping or faucets from the exposed stop valve to the inlet side of a trap;

  • The alteration or repair of a sign for which a permit is required; or

  • Any other work affecting health or the fire or structural safety of the building or the safe use and operation of the service equipment therein.

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

Several aspects of Manufacturing 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:

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

  • 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 alteration 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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