The City of New York has recently enacted legislation allowing Owner-Developers of stalled construction sites to quickly restart construction by voluntarily participating in a new site safety program in exchange for the right to renew building permits for up to four years. The details of the Local Law 70 of 2009 can be found here.
Owner-Developers can apply to the New York City Department of Buildings (DOB) to take part in the program where a work permit has expired or would otherwise expire due to suspension of work or failure to commence work. The main requirement for qualification in the program is the submission to and approval by the DOB of a Safety Monitoring Plan (SMP), which sets forth how the stalled site shall be maintained during the suspension or delay in commencement of the work at the site. Details on how to apply can be found here.
The importance of renewing a stalled project’s permit can be great. Stalled projects that have filed permits under the 1968 Building Code that expire are otherwise required to re-file under the 2008 Building Code which has undergone significant changes from its predecessor and could result in major changes to previously approved plans and specifications, thereby causing delays in the (re)commencement of construction and increased costs.
For a more detailed explanation of DOB requirements for Owner-Developers to secure stalled sites, please contact our offices and ask to speak with one of our attorneys.