Windows, doors and openings: NYC DOB 28-301.1 / OATH summons 39202934M
Original inspector allegation — verbatim available export
AT TIME OF INSPECTION OBSERVED AT EXP#1 FIRE ESCAPE ACCESS FROM APARTMENT PARTIALLY OBSTRUCTED BY WINDOW MOUNTED AC UNITS., REPAIR AND/REPLACE
Source limit: Source reference: NYC OATH/DOB summons 39202934M; BIN 3125822; 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 export field may still omit pages, attachments or context contained in the actual summons.
Get the complete, authentic notice: search summons 39202934M 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: 28-301.1; recorded infraction: 102. Primary legal issue: safe building maintenance. Interpretive issue: Owner maintenance obligation. AC 28-301.1 requires buildings, equipment, safeguards and means of egress to be kept safe and maintained. The physical condition, rather than whether a particular permit exists, is normally the central question.
What must be tested: The applicable underlying technical standard and the actual defective component determine a lawful repair. An assertion that the building is generally safe does not rebut a specific defect.
Possible exceptions and legal limitations: An exemption from cyclical façade reporting does not exempt a building from general safe-maintenance duties. Determine whether the special rule actually applies. 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
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. Means of egress and exit protection
Investigative test: Trace the occupant route from the cited point to discharge; check door swing, clear width, obstruction, illumination and the approved layout.
Evidence matched to this issue: Approved egress plan, location-labeled photos and measured clearance, fire/exit inspection records, dated removal or hardware repair evidence.
Boundary / potential counterexample: Do not advise blocking an occupied egress route as a temporary fix; applicability may differ for old and altered buildings.
Inspector wording mapped to testable facts
Passage 1 — AT TIME OF INSPECTION OBSERVED AT EXP#1 FIRE ESCAPE ACCESS FROM APARTMENT PARTIALLY OBSTRUCTED BY WINDOW MOUNTED AC UNITS., R…
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 — 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
The visible description does not show the same clear character-limit truncation flag, but additional pages or attachments may still exist. No editorial sentence is treated as part of the inspector’s wording.
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 39202934M 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
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.