Unprotected openings and fall exposure: NYC DOB 28-105.1 / OATH summons 39204702M

Original inspector allegation — verbatim available export

INTERIOR OF HOUSE FULLY GUTTED WITH NEW JOISTS BEING INSTALLED. NEW OPENING CREATED AT CENTER OF SECOND FLOOR WITH HEADER. NEW PLYWOOD SUBFLOOR. TEMP SHORING AT CELLAR FOR NEW FIRST FLOOR OPENING WITH HEADER. E

Source limit: Source reference: NYC OATH/DOB summons 39204702M; BIN 3132466; export issue date 09/18/2026. 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 39204702M 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: 28-105.1; recorded infraction: 101. Primary legal issue: authorization of regulated work. Interpretive issue: Work requiring a permit. AC 28-105.1 is the general permit requirement for regulated building work; it is not a blanket declaration that every minor repair requires a permit.

What must be tested: Check the work actually performed, its timing, trade, approved plans, and permit history; compare against the permit exemptions in AC 28-105.4, related rules, and separately regulated trades.

Possible exceptions and legal limitations: The ordinary-repair/minor-alteration and emergency-work exceptions are fact-specific. Even permit-exempt work must satisfy other applicable law and may require licensed work or other agency approvals. Eligibility is not established merely because the excerpt uses a word such as “repair”, “permit”, “cellar”, or “occupied”. Refer to DOB permit exemptions, owner alterations.

Specific conditions mentioned in this inspector wording

Inspector wording mapped to testable facts

Passage 1 — INTERIOR OF HOUSE FULLY GUTTED WITH NEW JOISTS BEING INSTALLED.

This recorded passage identifies a question about structural and interior building component, not a proven final determination. Pin down floor, room and assembly; inspect dimensions, connections, condition and impact on fire separation or egress. Structural work and cosmetic repair have different approval burdens; the inspector wording alone may not establish the distinction.

Passage 2 — NEW OPENING CREATED AT CENTER OF SECOND FLOOR WITH HEADER.

This recorded passage identifies a question about structural and interior building component, not a proven final determination. Pin down floor, room and assembly; inspect dimensions, connections, condition and impact on fire separation or egress. Structural work and cosmetic repair have different approval burdens; the inspector wording alone may not establish the distinction.

Passage 3 — NEW PLYWOOD SUBFLOOR.

This recorded passage identifies a question about structural and interior building component, not a proven final determination. Pin down floor, room and assembly; inspect dimensions, connections, condition and impact on fire separation or egress. Structural work and cosmetic repair have different approval burdens; the inspector wording alone may not establish the distinction.

Passage 4 — TEMP SHORING AT CELLAR FOR NEW FIRST FLOOR OPENING WITH HEADER.

This recorded passage identifies a question about unprotected openings and fall exposure, not a proven final determination. Map each floor/edge/opening, measure sizes and working levels and evaluate the applicable guard, cover, signage and worker-access safeguards. A generic jobsite safety plan does not prove the named opening was protected at the offense date.

Identifiers, locations, measurements and chronology to verify

Identified floor: SECOND FLOOR, CELLAR, FIRST FLOOR

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

Case-specific correction decision tree

Branch A — work required a permit and lacked one: stop any unauthorized work and evaluate a lawful filing/approved correction or removal, including penalties and inspections. Branch B — minor repair or other exemption is claimed: document work scope and the particular exemption in AC 28-105.4 and 1 RCNY 101-14. Branch C — permit existed: compare permit scope, issuance and work dates; a different permit does not automatically authorize the cited operation.

First targeted evidence collection: Floor-by-floor key plan, opening measurements, edge/cover installation photos and site safety inspection logs. 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: “LOOR WITH HEADER. NEW PLYWOOD SUBFLOOR. TEMP SHORING AT CELLAR FOR NEW FIRST FLOOR OPENING WITH HEADER. E”. Non-source editorial completion (conditional reconstruction, not a quotation): “The allegation appears to concern unprotected openings and fall exposure; 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 39204702M and obtain the signed notice.
• DOB permit exemptions, owner alterations — 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 28-105.1
• OATH code 101
• All enforcement examples

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