The provisions of this article apply to the administration and enforcement of the Uniform Code and of this Part
2.
No provision of this Part
2 shall be construed to require any change in, alteration of or addition to a legally existing building or structure or the premises connected therewith, unless specifically so stated.
[Amended 12-17-2012 by L.L. No. 2-2012]
The function of the Department of Buildings and Regulatory Compliance shall consist of, but not necessarily be limited to, the review of applications and plans for building permits and the imposition and collection of the requisite fees therefor, together with all aspects of permits, licenses and inspections involving electric, plumbing, heating, ventilating and air-conditioning (HVAC) installations, elevators and all other building construction and occupancy issues and requirements under this Code and state law. The Department shall assume and be vested with all powers and duties previously exercised and performed by the Division of Buildings and Code and/or the Bureau of Buildings as set forth and established in Chapter 20, together with those enumerated in this Chapter
133 (Building Construction) and Chapter
231 (Housing) of this Code.
[Added 12-17-2012 by L.L. No. 2-2012; amended 9-23-2014 by L.L. No.
1-2014]
A. The
Commissioner shall be the head of the Department of Buildings and
Regulatory Compliance. The Commissioner shall be either a civil engineer
of not fewer than five years' experience in such profession or a licensed
attorney of not fewer than five years' experience handling matters
dealing with state and local building codes in addition to planning
and zoning laws and regulations or an architect, a general building
contractor or a person engaged in the supervision of building construction
with at least 10 years' actual experience in such profession or occupation.
The Commissioner shall be appointed by the Mayor and serve at his
or her pleasure.
B. Whenever
a vacancy exists in the position of Commissioner of the Department
of Buildings and Regulatory Compliance, the Mayor may appoint a Director
of the Department, subject to the advice and consent of the Common
Council, who shall have the authority to perform all such acts as
are assigned to the Commissioner of the Department pursuant to the
City Code.
[Added 12-17-2012 by L.L. No. 2-2012]
Any and all powers, duties and references in state or local
law, rule or regulation to the Department of Buildings, Bureau of
Buildings, Superintendent of Building, Commissioner of Buildings,
Deputy Commissioner of Buildings and similar, like connotations and
terms shall be hereafter interpreted and are hereby amended to mean
and read "Department of Buildings and Regulatory Compliance," "Commissioner
of the Department of Buildings and Regulatory Compliance" or his designee.
The Commissioner of Buildings shall appoint
to hold office during his pleasure two Deputies and such other subordinates
as may be prescribed by the Board of Estimate and Apportionment. In
case of the inability of the Commissioner or of a vacancy in that
office, the most senior Deputy or vacancy in both offices, the second
Deputy Commissioner shall discharge the duties of the office until
the return of either the Commissioner or more senior Deputy.
The Commissioner shall keep permanent official
records of all transactions and activities conducted by him, including
all applications received, permits and certificates issued, fees charged
and collected, inspection reports and notices and orders issued. All
such records shall be public records open to public inspection during
business hours, pursuant to the provisions of the Freedom of Information
Law of the State of New York.
The Commissioner may request and shall receive,
so far as may be necessary in the discharge of his duties, the assistance
of the Police or Fire Department or officers, the Corporation Counsel
and all other department personnel.
The Commissioner may determine that a building
is unsafe by reason of the condition of the building or premises,
including but not limited to structural instability in whole or in
part, failure, inoperability or absence of adequate sanitary waste
disposal, water supply, electrical, plumbing, heating and ventilating
systems or facilities, vermin and insect infestation or unsanitary,
dilapidated, decaying or overcrowded conditions.