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How to Understand ECB Violation Paper.
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| Category Name: | DOB Temrs and Definitions |
| Author: | Administrator Account |
| Create Date: | 3/26/2009 2:16:54 PM |
| Views: # | 1259 |
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| Environmental Control Board (ECB), Notice of Violation. (NOV) A common type of violation issued by NYC Department of Building when a building or property does not comply with NYC Building Code or Zoning Resolution. There are two types of ECB Violations: -
Non-Hazardous
35 days from the date of violation is issued to certify correction and avoid having to attend a hearing and/or pay a penalty. -
Hazardous
You will be required to attend an ECB hearing.
There are a wide range of hazardous violations including, but not limited to variations from approved plans that significantly diminish structural stability, fire rating, fire suppression, illegal alterations and occupancies, or means of egress and general construction safety and unsafe site conditions that cannot be immediately corrected.
How to Understand, “NOTICE OF VIOLATION AND HEARING.” form.
(Environmental Control Boarded Violation.)  - Infraction Code
Refers to ECB Penalty schedule and information MS-Excel file.
(This file is hosted on DOB’s web site.)
- Provision of Law
Refers to Building Code of New York City.
A few Common Section of Code:
| | 27-1474 | When Permits Required | | | 27-1275 | Maintenance Requirements | | | 27-2016 | Compliance with Application, Plans, etc. | | | | | | | | | - Violation Class
Class 11: Immediately Hazardous Violations
Class 22: Major Violation
Class 33: Lesser Violation
- Violation Description
Inspector’s details description of the violation and remedies for correcting the condition.
It is important to read this section carefully since there may be multiple violations, each requiring a separate certifications.
- Cure Date
If no cure date is indicated, or if you wish to offer a defense to the violation, you must appear at the hearing on the date and time indicated. This is the deadline given to cure or fix the problem that caused the violation. You are generally given 35 days to correct the violating condition and certify correction. If no date is shown, your violation cannot be cured and you are required to attend an ECB hearing.
- Hearing Date
You are required to attend an ECB hearing on the date written if the violation is hazardous, a second offense, no cure date is listed, or you fail to file a certificate of correction on a nonhazardous violation by the cure date.
- Violation Number
Refer to Building Information System (BIS) to see the status of your building violation using this number.
To View Violations on your property
Refer to Building Information System (BIS) to open the Property Profile Overview page for the number of ECB and DOB Violations. If you have any open violations, you may click on the provided link to see detailed information regarding open violations.
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Immediately Hazardous Violations
Those where the violation condition poses a threat that severely affects life, health, safety, etc.
Examples:
Illegal conversion a of 1 or 2 family building to greater than 4 family building.
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Major Violations
The violation affects life, health, safety or other public interests but does not require immediate corrective action.
Examples:
All other illegal conversion of building use.
3
Lesser Violations
The violation condition has lesser effect than an immediately hazardous or major violation on life, health, safety, etc.
Or those where the violation and penalty are neither necessary nor appropriate as an economic disincentive to the continuation or the repetition of the violation condition.
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§[C26-109.1] 27-147 – When Permits Required
No building construction or alteration work, foundation or earthwork, demolition or removal work, or plumbing work shall be commenced, and no signs or service equipment shall be erected, installed, altered, repaired, or used, nor shall any service equipment ,be used or operated, unless and until a written permit therefore shall have been issued by the commissioner. The provisions of this section shall not apply, however, to minor alterations and ordinary repairs.
When a permit has been issued but has expired. This violation is issued either as a result of a complaint, a scheduled inspection for an application. In general, permits are issued for one year and can be renewed for a fee. No work can be conducted when a permit is expired.
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§[C26-105.1] 27-127 - Maintenance requirements
All buildings and all parts thereof shall be maintained in a safe condition. All service equipment, means of egress, devices, and safeguards that are required in a building by the provisions of this code or other applicable laws or regulations, or that were required by law when the building was erected, altered, or repaired, shall be maintained in good working order.
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