- Question: From my understand, any new and existing building construction as related to but not limited to new additions and alterations require a building permit in NYC. Construction required documents and plans as well as Building Department documents and forms must be filed, a fee paid and the plans and documents are reviewed. They are then either accepted or rejected and therefore need further clarification or corrections until approved. Once approved, a Building permit is issued for the work as stated. All work that is permitted, is considered to be permanent change to the premise and that work is not subject to a change, alteration or removal unless another application is filed and approved to do so, correct?
- Reply: Any change, alteration or removal of permitted work requires a filing, approval and permit, except to the extent it is exempt from the requirement of a permit per AC 28-105.4 and 1 RCNY 101-14.
- Question: If any attempt to remove that work, it would require a new filing to do so, is that correct?
- Reply: A new filing is required to remove permitted work.
- Question: Any so called lease of the newly installed and filed and approved work, devices, building materials, equipment and electrical work etc., cannot just be removed because the filing and approval by the Buildings or other Departments has deemed it to be a permanent part of the building, is that correct?
- Reply: I cannot address rights under a private lease agreement, but agree that a filing approval, and permit is required to remove permitted work, except to the extent it is exempt from the permit requirement per AC 28-105.4 and 1 RCNY 101-14.
- Question: If a fire alarm system plans and the relevant Building and Fire Department forms, application and plans are approved, the installation of that fire alarm or other systems once installed, inspected and approved are now a permanent official and legal part of the building, correct?
- Reply: I am not sure what you mean by “legal” part of the building. To the extent the fire alarm or other system is shown on approved plans, it would need to remain and not be removed without Department approval and permit.
- Question: In the case of a filed and approved fire alarm system again, any attempt to remove that existing fire alarm system would require a new filing to do so and most likely would not be approved unless another new or replacement systems was filed to replace it, if that correct?
- Reply: A fire alarm system may not be removed without an approved application and permit.
- Question: Any so called lease of the fire alarm systems or as others may state “a fire alarm system installed to provide a service that is never sold and can be removed at the end of the agreement” with the company that has provided it, cannot remove it because the filing and approval with the Building Department has deemed it to be a permanent part of the building, is that correct?
- Reply: Answers above apply.
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Kirschenbaum & Kirschenbaum PC
Attorneys at Law
200 Garden City Plaza
Garden City, NY 11530
516 747 6700 x 301
516 747 6700