- May 27, 2019
When it comes to public safety, it is the utmost concern in New York City. There are several million buildings in the city, it is mandatory that these structures abide by the safety regulations and laws set by the NYC Department of Buildings. As per the Dominick Ciccarelli, a licensed contractor with New York State, if a building fails to be in compliance with the laws of the Department of Buildings, it will get issued a violation. But, each violation is different. Depending on the violation whether it is minor or severe, it can also be used for a criminal court summons and prosecution. Building Code violation is a concern for public safety and should be resolved at the earliest. If you want to know how a building gets issued a violation, Dominick Ciccarelli explains the most common NYC Building Code violations and how to fix them.
Before jumping into common building violations, let’s learn what happens when a complaint is filed.
Once a tenant or concerned neighbor file a complaint with the New York City Department of Buildings of a non-compliance issue. First, the department commissioner sends out a notice to fix the violation as soon as possible. A copy of the notice will remain in the Department of Buildings Information System until the issue is fixed. Plus, the department will not issue an amended Certificate of Occupancy.
Although these violations don’t come with monetary fines, the owners will suffer the financial pain if summoned to court and prosecuted for loss of belongings or injuries.
A violation filed against the property will not allow the owner to sell or refinance it or obtain construction permits, until the violation is resolved and removed from the DOB’s information system.
Common New York Building Code violations
Violations can be issued for structural to environmental infractions, but some of the common problems are as follow:
Lack of adequate supply of heat and hot water – If the owner fails to provide the adequate inside temperature of 68 degrees when the outside temperature is below 55 degrees during the day time, or 55 degrees when the outside temperature is less than 40 degrees at night is one of the common violations. Plus, hot water should be provided at all times with a minimum temperature of 120 degrees.
Absence of carbon monoxide and smoke detectors – Owners are also required to provide their tenants with at least one carbon monoxide and one smoke detector in residential as well as commercial buildings. However, tenants are responsible for maintaining these devices properly.
Doors and window locks with a key to exit – During an emergency situation, searching for a key to open the door and window to get out of a building could be dangerous.
Mold and pests – Although tenants need to maintain a level of cleanliness to prevent the growth of indoor mold or pests, conditions that go unchecked can cause excessive vermin or mold, are the responsibility of the owner.
How to fix a violation?
Depending on the type of violation, an owner is allowed a certain amount of time to fix the issue.
90 days – Class A, Non-hazardous
30 days – Class B, Hazardous
21 days – Class C, Window guards or lead-based paint
Immediately Class C – Heat and hot water
Within 24 hours Class C – Everything else
The owner is required to resolve the issue within the given time to avoid further penalties. To know more building violations, consult Dominick Ciccarelli.