Authorized use versus observed occupancy: NYC DOB 28-105.12.2 / OATH summons 39558689P

Original inspector allegation — verbatim available export

STRUCTURAL FRAMING WORK AND TEMPORARY SHORING CONTRARY TO APPROVED DRAWINGS. OBSSERVED AT BASEMENT LEVEL,DIGING ONE FEET CONTRARY TO PLANS STOP ALL WORK UNDER PERMIT Q00775615 CONFORM WORK TO APPROVED DOCUMENT

Source limit: Source reference: NYC OATH/DOB summons 39558689P; BIN 4175359; export issue date 09/02/2026. The earlier export status was ACTIVE; obtain current status from DOB or OATH. The CSV contains a respondent mailing address, which is not presumed to identify the inspected property. This is the entire description available in the supplied export, not a certified full summons, inspector notes or evidentiary exhibits. The description is at the export’s approximately 210-character field limit and may terminate mid-word or mid-sentence.

Get the complete, authentic notice: search summons 39558689P in OATH Summons Finder instructions (download actual summons) and download the actual summons; review DOB records in NYC DOB records search. Never substitute the editorial discussion below for the inspector’s words.

Charge classification: law controls; keywords do not

Recorded citation: 28-105.12.2; recorded infraction: 182. Primary legal issue: departure from approved construction documents. Interpretive issue: Work must conform to approved documents. This citation concerns deviation from approved construction documents or amendments, a distinct issue from never having applied for a permit.

What must be tested: Obtain the approved stamped plan set and filed amendments; mark each observed departure on an overlay and determine whether field correction, approved amendment or separate filing is required.

Possible exceptions and legal limitations: Not every field difference proves a material violation; confirm the approved revision, permitted scope, as-built condition and applicable administrative process. Eligibility is not established merely because the excerpt uses a word such as “repair”, “permit”, “cellar”, or “occupied”. Refer to NYC DOB construction codes.

Specific conditions mentioned in this inspector wording

Inspector wording mapped to testable facts

Passage 1 — STRUCTURAL FRAMING WORK AND TEMPORARY SHORING CONTRARY TO APPROVED DRAWINGS.

This recorded passage identifies a question about demolition, structural removal or excavation, not a proven final determination. Determine work stage, support and public/adjoining safeguards; assess whether stop-work, temporary protection and engineered plans are necessary. Removal of finishes differs from load-bearing demolition; do not infer an approved scope from general photos.

Passage 2 — OBSSERVED AT BASEMENT LEVEL,DIGING ONE FEET CONTRARY TO PLANS STOP ALL WORK UNDER PERMIT Q00775615 CONFORM WORK TO APPROVED D…

This recorded passage identifies a question about authorized use versus observed occupancy, not a proven final determination. Identify each floor/unit and its claimed function and compare the C of O/authorized plan with actual use on the cited date. Basement/cellar classification, legal dwelling status and transient-use rules are distinct determinations; do not conflate them.

Identifiers, locations, measurements and chronology to verify

Job, permit or filing identifier: Q00775615

Query the exact application/permit; compare the authorized work description with inspection observations, dates and sign-off.

Identified floor: BASEMENT

Tie inspection photographs to the stated level, approved floor plan, egress route, and actual room use.

Case-specific correction decision tree

Branch A — physical or documentary defect persists: evaluate risk and the controlling technical text, then select correction. Branch B — it was already compliant on the cited date: marshal contemporaneous approved records and site evidence. Branch C — scope, code edition or identification is wrong: prepare a fact-by-fact comparison to the actual summons and cited regulation before advancing a defense or revised filing.

First targeted evidence collection: C of O and historical building records; dated layout/room photos, use documentation, rent/booking records only where genuinely relevant, and design-professional egress review. This is an investigative request, not a claim that the work or evidence already exists.

Editorial closure of the shortened allegation — NOT source text

Verbatim excerpt ends: “,DIGING ONE FEET CONTRARY TO PLANS STOP ALL WORK UNDER PERMIT Q00775615 CONFORM WORK TO APPROVED DOCUMENT”. Non-source editorial completion (conditional reconstruction, not a quotation): “The allegation appears to concern authorized use versus observed occupancy; whether additional observations, directions, dates, measurements or exceptions followed is unknown and must be checked in the original summons.”

No missing words, dates, measurements, liability conclusion or regulatory remedy have been invented. Even if the final syllable looks obvious, completing it as a purported inspector quotation would misstate an official record.

Response, certification and closing evidence

A hearing defense, correction of the underlying condition, a DOB AEU Certificate of Correction and payment of an imposed penalty are distinct questions. Retrieve the summons and confirm the OATH hearing or outcome and DOB violation status. Under current DOB guidance, Certificate of Correction review requests are made in DOB NOW: Safety → Violations & Notices of Deficiency; submitter/certifier signatures and evidence requirements are case-specific. Refer to Certificate of Correction instructions.

Source record limitations: The dataset does not authenticate who inspected the property, why inspection started, whether a defense succeeded, which contractor made repairs or whether AEU later accepted a correction. Do not turn this example into a claimed client success story or an invented inspection history.

Primary authority and fact-check links

• OATH Summons Finder instructions (download actual summons) — enter summons 39558689P and obtain the signed notice.
• NYC DOB construction codes — verify law wording and any exception.
• BIS / DOB NOW record limitations — older BIS violations may not be in DOB NOW.
• Certificate of Correction instructions — review current COC procedure, signatures and evidence.

Related library and official records

• Read NYC law section 28-105.12.2
• OATH code 182
• All enforcement examples

Official sources: Search DOB records · DOB summonses · Certificate of Correction FAQs · OATH hearing options · Construction codes