Section 28-101.4.2. Applications for construction document approval submitted prior to and within twelve months after the effective date of this code  


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  • Any work for which an application for construction document approval was
      submitted to the department prior to the effective date of this code and
      not thereafter abandoned, or for which an application  for  construction
      document  approval  is  submitted  to  the department within a period of
      twelve months after such date may,  at  the  option  of  the  owner,  be
      performed  in  its  entirety  in  accordance with the provisions of this
      code, or in accordance with the 1968 building code, provided  that  such
      work  is  commenced within twelve months after the date of issuance of a
      permit therefore  and  is  diligently  carried  on  to  completion.  The
      commissioner   may,   for   good  cause,  extend  the  time  period  for
      commencement of the work beyond 12 months. Where  the  owner  elects  to
      perform  the  work  in  compliance  with  the  1968  building  code, the
      following conditions shall apply:
        1. Except as otherwise limited by the commissioner, administration and
      enforcement of the 1968 building code shall be in accordance  with  this
      code,  including  but not limited to approval of construction documents,
      issuance  of  permits  and  certificates   of   occupancy,   tests   and
      inspections,  penalties  and  enforcement.  Controlled  inspections  and
      semi-controlled inspections as referenced  in  the  1968  building  code
      shall  be  deemed  to  be  special inspections and shall comply with the
      provisions of this  code  relating  to  special  inspections.  Materials
      regulated  in  their  use  by the 1968 building code shall be subject to
      applicable provisions of this code.
        2. Safety  of  public  and  property  during  construction  operations
      including  demolition  shall  be  governed by chapter 33 of the New York
      city building code.