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ARTICLE 111

TEMPORARY STRUCTURES AND USES

<<Article amended L.L. 141/2013 § 1 Part A § 17, eff.


Dec. 31, 2014 except that this local law shall not apply to
applications for construction document approval filed prior to such
effective date, see also § BC403 Note 1. [As per L.L. 52/2014 §9]>>

§28-111.1 General. The erection of certain temporary structures and


temporary uses may be authorized as set forth in sections 28-111.1.1 and
28-111.1.2.

§28-111.1.1 Permits for the erection and use of temporary structures. The
commissioner is authorized to issue a permit for the erection of temporary
structures including but not limited to tents, grandstands, platforms,
reviewing stands, outdoor bandstands, stages and similar miscellaneous
structures and equipment, and for the temporary use of such structures.
Such permits shall be limited as to time of service or use, but in no
event shall be permitted for more than 90 days. The commissioner may grant
extensions for demonstrated cause.

Exception: No permit shall be required for:

1. The erection and use of temporary tents of less than 400 gross square
feet (37 m 2 ) for not more than 30 days.

2. The erection and use of temporary platforms, reviewing stands,


outdoor bandstands and similar miscellaneous structures that cover an
area less than 120 square feet (11.16 m 2 ), including connecting areas
or spaces with a common means of egress or entrance, for not more
than 30 days.

§28-111.1.2 Letters authorizing temporary uses. The commissioner is


authorized to issue a letter authorizing the temporary use of outdoor or
indoor spaces provided the space shall be occupied in a manner that will
not endanger public safety, health, or welfare. Such letters authorizing
the temporary use shall be limited as to time of service or use, but shall
not be permitted for more than 90 days. The commissioner may grant
extensions for demonstrated cause.

HISTORICAL NOTE
Section amended L.L. 141/2013 § 1 Part A § 17, eff. Dec. 31, 2014 except
that this local law shall not apply to applications for construction
document approval filed prior to such effective date, see also § BC403
Note 1. [As per L.L. 52/2014 §9]
Section added L.L. 33/2007 § 11, eff. July 1, 2008.

§28-111.2 Conformance. Temporary structures and uses shall conform to the


structural strength, fire safety, means of egress, accessibility, light,
ventilation and sanitary requirements of this code as necessary to ensure
the public health, safety and general welfare.

HISTORICAL NOTE
Section amended L.L. 141/2013 § 1 Part A § 17 eff. Dec. 31, 2014 except
that this local law shall not apply to applications for construction
document approval filed prior to such effective date, see also § BC403
Note 1. [As per L.L. 52/2014 §9]
Section added L.L. 33/2007 § 11, eff. July 1, 2008.
§28-111.3 Termination of approval. The commissioner is authorized to
terminate such permit or letter of authorization and to order the temporary
structure or use to be discontinued.

HISTORICAL NOTE
Section amended L.L. 141/2013 § 1 Part A § 17, eff. Dec. 31, 2014 except
that this local law shall not apply to applications for construction
document approval filed prior to such effective date, see also § BC403
Note 1. [As per L.L. 52/2014 §9]
Section added L.L. 33/2007 § 11, eff. July 1, 2008.

§28-111.4 Application processing. Application for such structures and


uses shall be submitted to the department no later than 15 business days
prior to the construction of the temporary structure or the commencement
of the temporary use.

HISTORICAL NOTE
Section amended L.L. 141/2013 § 1 Part A § 17 eff. Dec. 31, 2014 except
that this local law shall not apply to applications for construction
document approval filed prior to such effective date, see also § BC403
Note 1. [As per L.L. 52/2014 §9]
Section added L.L. 33/2007 § 11, eff. July 1, 2008.

§28-111.5 Fees. Applications for such permits shall be accompanied by the


applicable fees in accordance with article 28-112. Fees for subsequent
requests for renewals shall be paid upon approval of such requests.

HISTORICAL NOTE
Section amended L.L. 141/2013 § 1 Part A § 17 eff. Dec. 31, 2014 except
that this local law shall not apply to applications for construction
document approval filed prior to such effective date, see also § BC403
Note 1. [As per L.L. 52/2014 §9]
Section added L.L. 33/2007 § 11, eff. July 1, 2008.

§28-111.6 Place of assembly. Notwithstanding any inconsistent provision of


this article the use of a temporary structure or the temporary use of space
as a place of assembly shall require a temporary place of assembly
certificate of operation issued pursuant to section 28-117.2.

HISTORICAL NOTE
Section added L.L. 141/2013 § 1 Part A § 17, eff. Dec. 31, 2014 except
that this local law shall not apply to applications for construction
document approval filed prior to such effective date, see also § BC403
Note 1. [As per L.L. 52/2014 §9]