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, or without hiring a Registered Design Professional.
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 DOB. Owners are obligated to comply with requirements of other city agencies. Unless otherwise indicated, permits shall not be required for the following:
Emergency work, as set forth in Section 28-105.4.1
Minor alterations and ordinary repairs, as described in Section 28-105.4.2
Ordinary plumbing work, as set forth in Section 28-105.4.4
Work described in Table 2 of 1 RCNY 101-14
AC 28-105.4.2 and NYC city rule 1 RCNY 101-14 allow certain repairs and replacements of mechanical systems and related elements without contractor permits.
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.
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 Residential 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.
Repair or replacement of heating or hot water equipment servicing residential occupancies during the heating season or education occupancies between November 1st and May 1st.
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.
Mechanical equipment work does not require a permit in buildings as described in 1 RCNY 101-14, Table 2: Section II does not require a permit.
Serving only one floor of a building that don’t use lot line openings for intake our exhaust or mounting equipment, is not installed in any public passageway or stairway, does not reduce or provide air quantities below what’s required by the Mechanical Code (MC), and does not penetrate any fire division, wall, floor, or roof.
Serving an existing building including installations in existing windows and sleeves, not exceeding three (3) tons capacity, and not part of another alteration.
Portable equipment with no vent or chimney connection.
Several aspects of Alteration 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.
No work requiring a permit can be performed by a General Contractor without the owner first hiring a Registered Design Professional to prepare and submit construction plans for approval by DOB.
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.
Per AC 28-101.5, defines Limited Plumbing Alteration, as an alteration to a plumbing or fuel gas piping system that is limited in scope under two categories:
Category – 1: With Cost and time period limitation - $35,000 cost limitation per building including appliance and labor in any 12 month period – only the following can be done:
Addition of Plumbing Fixtures or Connections: Add five or less fixtures or connections within any 12-month period
New Piping: Installation of new plumbing or fuel gas piping – Not including Category 2 work
New Sprinkler Heads: Installation of up to five new heads, only off an existing domestic water system within any 12-month period
Rearrange Sprinkler Heads: Rearrange not more than 20 sprinkler heads, only off an existing domestic water system and only in areas classified in light or ordinary hazard occupancies, such as residences, restaurant service areas, or mercantile areas
Category – 2: Without cost and time period limitation - only the following can be done:
Piping: Reroute existing plumbing or fuel gas branch piping to serve the same number of existing fixtures and appliances
Replace Fixtures: In-kind replacement of plumbing fixtures and gas appliances, and which exceeds a minor alteration/repair or ordinary plumbing work
Relocate Existing Fixtures: Relocation and mounting of new fixtures on existing roughing, and which exceeds a minor alteration/repair or ordinary plumbing work
Gas Burners: Replace gas burners [2.8 million Btu/h (821 kW) or less]
Sprinkler Heads: Replace up to thirty existing sprinkler heads provided such heads’ orifice size, type and deflector remain the same, and only off of a domestic water system
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 Examination (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.
If the alteration project is comprised of aspects of work exceeding what is allowed under the information listed 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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