The New York City Building Code

705.26 Tenant protection plan compliance.

When alteration, partial demolition, or construction operations are performed at occupied multiple dwellings, the special inspector shall periodically verify compliance with a tenant protection plan as provided in Chapter 1 of Title 28 of the Administrative Code and Section 3303.10 of this code. Special inspections for compliance with the tenant protection plan shall comply with Sections 1705.26.1 and 1705.26.2 of this code.

Exceptions: Special inspection for tenant protection plan compliance is not required where the scope of the work is limited to:

1. A three-family home;

2. The interior of a single dwelling unit of an occupied multiple dwelling with no disruption to the essential services of other units, where such dwelling is owner-occupied. For a dwelling unit within a property that is owned by a condominium or held by a shareholder of a cooperative corporation under a proprietary lease, the unit must be occupied by the owners of record for such unit; or

3. The interior of a single dwelling unit of an occupied multiple dwelling, three stories or less in height.

1705.26.1 Inspection frequency.

Special inspections shall be performed throughout the duration of the tenant protection plan at sufficient periodic intervals to verify compliance with the tenant protection plan throughout the course of work. At a minimum, inspections shall be performed:

1. Prior to the start of construction and/or demolition to document conditions prior to work;

2. At the start of construction and/or demolition;

3. Once per week during construction and/or demolition;

4. After a tenant protection plan violation has been issued to verify that the violation was corrected;

5. When the location of the alteration or construction operations performed in conjunction with the tenant protection plan has moved to another location; and

6. Whenever construction or demolition operations have changed, changes in protection methods are required.

1705.26.2 Reporting.

A written record of the special inspections performed for the tenant protection plan shall be maintained in a log prepared by the special inspector. The log shall include an entry for each inspection and shall indicate that the alteration or construction operation is being performed by the tenant protection plan. Copies of the special inspection logbook shall be maintained at the job site and the special inspector’s office and shall be available for use and review at all reasonable times until the work subject to special inspection is complete.