Windows, doors and openings: NYC DOB 28-302.1 / OATH summons 35546257H

Original inspector allegation — verbatim available export

FAILURE TO MAINTAIN BLDG WALLS OR APPURTENANCES.NOTED:1ST FLOOR ON THESIDE IS OPEN TO ELEMENTS,RODENTS,ETC.2ND LEVEL WINDOWS OPEN TO ELEMENTS AND RODENTS.ACCESSIBLE TO THE PUBLIC.REMEDY:MAINTAIN BUILDING WALLS

Source limit: Source reference: NYC OATH/DOB summons 35546257H; BIN 3083569; export issue date 12/16/2020. 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 35546257H 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: 28-302.1; recorded infraction: 104. Primary legal issue: exterior wall / inspection obligation. Interpretive issue: Exterior wall and appurtenance safety. AC 28-302.1 requires safe exterior walls/appurtenances and underpins periodic FISP examinations for buildings generally greater than six stories. The specific defect must be distinguished from a missing cyclic report.

What must be tested: Record the elevation, component, spalling/loose material, water ingress, public exposure and whether a qualified exterior wall inspector or structural professional is needed.

Possible exceptions and legal limitations: The FISP six-story threshold/limited wall adjacency provisions are not global exemptions from unsafe-façade correction. Confirm building height and special rule applicability before invoking an exception. Eligibility is not established merely because the excerpt uses a word such as “repair”, “permit”, “cellar”, or “occupied”. Refer to Facade Safety and Inspection Program.

Specific conditions mentioned in this inspector wording

Inspector wording mapped to testable facts

Passage 1 — FAILURE TO MAINTAIN BLDG WALLS OR APPURTENANCES.NOTED:1ST FLOOR ON THESIDE IS OPEN TO ELEMENTS,RODENTS,ETC.2ND LEVEL WINDOWS …

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

Identified floor: 1ST FLOOR

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

Case-specific correction decision tree

Branch A — defect remains: assess risk and protection immediately, then undertake an appropriate licensed/engineered repair. Branch B — already repaired: pair before/after photos with scope, inspection and test results that address the *specific* defect. Branch C — inspector misidentified the component: use an elevation/floor key and technical field report; do not rely on an unspecific clean-inspection assertion.

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: “TC.2ND LEVEL WINDOWS OPEN TO ELEMENTS AND RODENTS.ACCESSIBLE TO THE PUBLIC.REMEDY:MAINTAIN BUILDING WALLS”. 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

• OATH Summons Finder instructions (download actual summons) — enter summons 35546257H and obtain the signed notice.
• Facade Safety and Inspection Program — 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 28-302.1
• OATH code 104
• All enforcement examples

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