Skip to content
Violation library › Case analysis › 28-105.1
Inspector-description analysis · questions and answers

Windows, doors and openings: NYC DOB 28-105.1 / OATH summons 39196645H

Original enforcement allegation, not a proven case outcome. The quotation below is from an inspector-written description in a public-record dataset. Extracts may end mid-sentence. The inspection origin, complete supporting evidence, legal finding, and disposition have not been independently verified. Interpretive explanations below are explicitly analytical possibilities.
Law citation: 28-105.1OATH infraction: 201Summons: 39196645H

Original inspector allegation — verbatim available export

WORK W/OUT A PERMIT C/O # Q134267 STATES 1 CAR ATTACHED GARAGE AT FRONT GRADE LEVEL, DOOR WAS REMOVED & REPLACED W/ BRICK & MORTAR FACADE EXTERIOR WALL, W/ A RESIDENTIAL WINDOW NO JOBS OR PERMITS IN DEPT. RECOR

Source limit: Source reference: NYC OATH/DOB summons 39196645H; BIN 4220617; export issue date 07/17/2026. 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 39196645H 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: 201. 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

1. Windows, doors and openings

Investigative test: Identify and dimension each named opening against approved elevations/floor plans and the impact on structure, egress or light/ventilation.

Evidence matched to this issue: Marked-up approved drawing, dated measured photos, specification and filing history for changed openings.

Boundary / potential counterexample: A replacement-in-kind and new structural opening are not the same scope; a permit exemption cannot be assumed.

2. Authorized use versus observed occupancy

Investigative test: Identify each floor/unit and its claimed function and compare the C of O/authorized plan with actual use on the cited date.

Evidence matched to this issue: 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.

Boundary / potential counterexample: Basement/cellar classification, legal dwelling status and transient-use rules are distinct determinations; do not conflate them.

3. Masonry or façade deterioration

Investigative test: Photograph and locate the defect by elevation and height; evaluate loose-material risk and whether exterior-wall/facade reporting rules apply.

Evidence matched to this issue: Elevation key and dated close-ups, Qualified Exterior Wall Inspector/engineering findings when relevant, protective plan and accepted post-repair inspection.

Boundary / potential counterexample: A material crack description is not a structural diagnosis; cyclical FISP applicability depends on building height and rule exceptions.

4. Wall / exterior structural condition

Investigative test: Identify wall type, exposed side, movement/deflection or separation and potential public/adjoining exposure; obtain structural assessment if needed.

Evidence matched to this issue: Engineer/architect condition report, plans/sections, measured photos and contractor inspection or monitoring record.

Boundary / potential counterexample: Exterior-wall inspection requirements and general wall maintenance apply differently by site and code edition.

Inspector wording mapped to testable facts

Passage 1 — WORK W/OUT A PERMIT C/O # Q134267 STATES 1 CAR ATTACHED GARAGE AT FRONT GRADE LEVEL, DOOR WAS REMOVED & REPLACED W/ BRICK & M…

This recorded passage identifies a question about windows, doors and openings, not a proven final determination. Identify and dimension each named opening against approved elevations/floor plans and the impact on structure, egress or light/ventilation. A replacement-in-kind and new structural opening are not the same scope; a permit exemption cannot be assumed.

Identifiers, locations, measurements and chronology to verify

No uniquely parseable earlier summons number, permit number, date, exposure or measurement is established by this excerpt. The full notice and building profile should supply the missing keys; do not invent them.

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: Marked-up approved drawing, dated measured photos, specification and filing history for changed openings. 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: “EPLACED W/ BRICK & MORTAR FACADE EXTERIOR WALL, W/ A RESIDENTIAL WINDOW NO JOBS OR PERMITS IN DEPT. RECOR”. Non-source editorial completion (conditional reconstruction, not a quotation): “The allegation appears to concern windows, doors and openings; 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

Related library and official records

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

Need a resolution plan tied to the full summons?

Building Violation LLC can review the violation wording, permits, drawings, correction evidence and available OATH hearing procedures. A web example is not a determination of compliance for any property.

Call (866) 545-4440