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Building and Property Regulation

Building and Property Regulation

Building and Construction (Regulation and Inspection)
Title Major Revision Previous Schedules Schedule Item
Master summary record,

including index, log or journal, covering building code complaints, inspections, investigations, and violations:
RETENTION: PERMANENT

 CO2 52; MU1 58; MI1 589 108
Property maintenance or building inspection records,

including but not limited to complaints, inspection reports, notice of violation, cumulative building inspection record, appeal or review and final disposition of case
NOTES: For records that fall outside the building inspection process, see item no. 114.
Building inspection records relating to building permit issuance are covered by item no. 112.

 2020 (♦)
 CO2 53; MU1 59; MI1 590 109

a: Records documenting major issues (those that constitute a fire hazard or a serious threat to the life, health or safety of occupants) related to a school, public building, multifamily dwelling, commercial or industrial structure, or hazardous structure:
RETENTION: 6 years after building no longer exists, but not less than 21 years

b: Records documenting routine or minor issues related to a school, public building, multifamily dwelling, commercial or industrial structure, or hazardous structure:
RETENTION: 6 years after last entry in record

c: For single family home:
RETENTION: 6 years after last entry in record
Fire safety inspection records


CO2 727; MU1 917; MI1 591 110

a: Master summary record of inspections performed:
RETENTION: PERMANENT

b: Report on inspection at school, public building, multifamily dwelling, or commercial or industrial facility and notice of violation:
RETENTION: 21 years
NOTES: If fire safety inspection records are combined or interfiled with building inspection records, use item no. 109.

c: Report on inspection of single family dwelling and notice of violation:
RETENTION: 6 years
Building inspection data file

contained in building/property history system, and related records, created for informational and reference purposes, containing information on building inspections not related to building permit issuance, certificate of occupancy issuance, fire inspections, and other relevant detailed information:
RETENTION: 0 after no longer needed
NOTES: Counties should consider permanent retention of the basic data elements of this building inspection data for all parcels of property in the county, unless that data is preserved by the building/property history system overall summary data file (see item no. 105.) This information may be useful for long-range planning purposes, and for community, urban planning and architectural history research. More importantly, this data provides for ease of access to summary building permit data on individual parcels of real property and the structures located on them. In addition, this data file may be used to access more detailed building permit records in electronic data output or maps, plans, permits and other paper records in inactive storage. Contact the State Archives for additional advice.

 CO2 728; MU1 660; MI1 592 111
Building permit and certificate of occupancy issuance records


NOTES: Building permit files often contain plans, sketches, photographs, and other records that provide valuable information on individual structures. These records may have continuing value for historical or other research, and the State Archives suggests they be retained permanently.

 2020 (♦)
 CO2 54; MU1 60; MI1 593 112

a: Master summary record of applications for building, plumbing, electrical, demolition or related permits, or for certificates of occupancy granted:
RETENTION: PERMANENT

b: Log or other chronological list recording permits or certificates of occupancy issued:
RETENTION: 1 year after last entry in record, or 1 year after posting

c: Building, plumbing, electrical, demolition or related permit file, including application and supporting materials; plans, maps and drawings; specifications; inspection reports; copies of all required permits and approvals; affidavit of compliance or completion of work; records of appeal when permit is denied; certificate of occupancy and correspondence, when permit is granted:
RETENTION: 6 years after building no longer exists
NOTES: Certain records covered by this item may be included under item no. 113, such as in instances where they are maintained in electronic format and not created as hard-copy output and included in the building permit file. In these cases, the electronic records covered by item no. 113 must be retained as long as specified by this item.

d: Building, plumbing, electrical, demolition or related permit file, when permit is denied:
RETENTION: 6 years after final decision

e: Building, plumbing, electrical, demolition or related permit file, when application is discontinued, has lapsed or is incomplete:
RETENTION: 90 days after date of most recent entry in record

f: Building, plumbing, electrical, demolition or related permit file, for non-structural modifications to shopping mall, office complex or similar structure (modifications not involving changes to fire suppression or alarm systems), when permit is granted:
RETENTION: 10 years

g: Certificate of occupancy and application when not related to building permit application:
RETENTION: 6 years after building no longer exists

h: Pre-printed construction specifications submitted as part of building permit application as required by building trade or insurance companies:
RETENTION: 6 years after denial of permit or completion of work

i: Plumbing system review or similar records held by county health department which assists municipality in building permit application review and issuance:
RETENTION: 0 after no longer needed
NOTES: In cases where all documentation is not forwarded to the municipality, the county agency may wish to retain these records as long as the municipality retains the records covered by part parts "c" through "f," above.
Building permit issuance data file

contained in building/property history system, and related records, created for informational and reference purposes, containing information on applications for and issuance of building permits, including related inspections, certificate of occupancy issuance, and other relevant detailed information:
RETENTION: 0 after no longer needed
NOTES: Counties should consider permanent retention of the basic data elements of this building permit issuance data for all parcels of property in the county, unless that data is preserved by the master summary record (see item no. 108.) This information may be useful for long-range planning purposes, and for community, urban planning and architectural history research. More importantly, this data provides for ease of access to summary building permit data on individual parcels of real property and the structures located on them. In addition, this data file may be used to access more detailed building permit records in electronic data output or maps, plans, permits and other paper records in inactive storage. Contact the State Archives for additional advice in this area.

 CO2 729; MU1 661; MI1 594 113
Building condemnation and demolition files,

including application, copy of permit, correspondence, and notice of condemnation:
RETENTION: PERMANENT

 CO2 55; MU1 61; MI1 595 115
Contractors' liability insurance records


CO2 56; MU1 62; MI1 596 116

a: Certificate of insurance or copy of insurance policy:
RETENTION: 6 years after denial or expiration of relevant permit

b: Master summary record of contractors doing business in municipality/county and their insurance coverage:
RETENTION: 1 year after superseded or obsolete
Building complaints/violations records,

including data file contained in building/property history system, warrants, summonses, and related records, containing information on complaint tracking and violation processing, and other relevant information:
RETENTION: 6 years
NOTES: For citizen complaints and requests for services, not covered by items in this section, see item no. 77 in the General Administration section. For sanitary code violations, see item no. 406 in the Environmental Health section.
Counties should consider longer retention of the basic data elements of this complaints/violations data for all parcels of property in the county, unless that data is preserved by the building/property history system overall summary data file (see item no. 105). This information may be useful for long-range planning purposes in conjunction with building permit issuance and building inspection data. Contact the State Archives for additional advice.

 CO2 730; MU1 662; MI1 597 114
Construction escrow account records,

including agreement, disbursement records, and transfer or termination of account records:
RETENTION: 6 years after transfer or termination of account

 2020 (♦)
 117
Building/Property History Systems
Title Major Revision Previous Schedules Schedule Item
Building/property history data file contained in building/property history system,

and related records, created for informational and reference purposes, containing information on such areas as building permit issuance, building inspection, certificate of occupancy issuance, site plan review or other planning actions, zoning variances, special use permits and fire inspections:
RETENTION: 0 after no longer needed
NOTES: Counties should consider permanent retention of the basic data elements of these building/property history systems for all parcels of property in the county. This information may be useful for long-range planning purposes, and for community, urban planning and architectural history research. More importantly, this data provides for ease of access to summary data on individual parcels of real property and the structures located on them. In addition, this data file may be used to access more detailed records maintained in electronic data output or maps, plans, permits and other paper records in inactive storage. Contact the State Archives for additional advice.

 CO2 724; MU1 657; MI1 586 105
Street address/parcel number authority data file,

used to supply building/property history system with accurate, up-to-date information on real property tax parcel numbers, property owners' names and addresses, parcel sizes, E-911 or other street addresses, and other essential data necessary for system to operate:
RETENTION: Retain until superseding or updated file received.
NOTES: This data is often received from an assessor's or tax office. See items covering real property data systems in the Taxation and Assessment section.

 CO2 725; MU1 658; MI1 587 106
Lists, reports, studies, queries, searches for information, special project records and analyses

created from data contained in one or more data files in building/property history system

 CO2 726; MU1 659; MI1 588 107

a: Final reports and studies resulting from analysis of system data, including background materials and supporting documentation containing significant information on real property and structures located thereon, used for such purposes as long-range planning, change of zoning boundaries and regulations, or planning infrastructure improvements or new facility construction:
RETENTION: 6 years after project completed, or after date of final entry in record
NOTES: Appraise these records for historical significance prior to disposition. Records for important projects have historical value and should be retained permanently. Contact the State Archives for additional advice.

b: Reports and studies resulting from analysis of system data, including background materials and supporting documentation, queries, searches for information, lists, logs or other internal information records, containing routine information on real property and structures located thereon, or used to produce final reports and studies:
RETENTION: 0 after no longer needed
NOTES: Queries conducted in automated systems are not considered "records" unless the query and/or its results are saved in electronic or manual format. See also related items in the Information Technology section.
Planning
Title Major Revision Previous Schedules Schedule Item
Comprehensive plan development file,

including but not limited to official copy of comprehensive plan and all background surveys, studies, reports, and draft versions of plan:
RETENTION: PERMANENT
NOTES: If multiple drafts of background surveys exist, retain initial, as-built and final surveys and dispose of drafts under item no. 62 in the General Administration section.

 CO2 425; MU1 397; MI1 340 118
Planning action data file

contained in building/property history system, and related records, created for informational and reference purposes, containing information on mandatory or discretionary planning review, planning projects, and other relevant detailed information:
RETENTION: 0 after no longer needed
NOTES: Counties should consider permanent retention of the basic data elements of this planning action data for all parcels of property in the county, unless that data is preserved by the building/property history system overall summary data file (see item no. 105.) This information may be useful for long-range planning purposes, and for community and land use history research. More importantly, this data provides for ease of access to summary building permit data on individual parcels of real property and the structures located on them. In addition, this data file may be used to access more detailed building permit records in electronic data output or maps, plans, permits and other paper records in inactive storage. Contact the State Archives for additional advice.

 CO2 731; MU1 663; MI1 598 119
Planning project or program file

for project or program developed by or for planning agency

 CO2 426; MU1 398; MI1 341 120

a: Final report and essential supporting information used to develop report, including but not limited to maps, plans, technical memoranda and environmental impact studies:
RETENTION: PERMANENT

b: Background material, including but not limited to notes, memos, worksheets and correspondence:
RETENTION: 6 years
Master summary record

(log or register) maintained by planning agency to record receipt of planning or zoning reviews and projects, and to record subsequent action taken:
RETENTION: PERMANENT

 CO2 427; MU1 399; MI1 342 121
Geographic reference file

maintained by planning agency for internal reference purposes, usually arranged by name of government agency or other service organization:
RETENTION: 0 after obsolete

 CO2 428; MU1 400; MI1 343 122
Mandatory planning review case file

for required review of site plan, zoning variance, special use permit, change of zoning, subdivision creation or enlargement, municipal planning action, or other required review, including but not limited to maps, plans, sketches, photographs, engineering reports, environmental impact statements and studies, copies of zoning records, project narrative, correspondence, and record of final determination (per Sections 239-l, -m, and -n, General Municipal Law)
NOTES: "Subdivision," as used in this item, means the division of one parcel of land into two or more lots, blocks, plots or sites.
Parts "a" to "f" below apply to records of referring bodies (e.g., city, town, or village).

 2020 (♦)
 CO2 429; MU1 401; MI1 344 123

a: Subdivision, historic structure, major commercial or industrial development, or capital construction, where application is approved or denied (except records covered by part "d"):
RETENTION: PERMANENT

b: Subdivision, historic structure, major commercial or industrial development, or capital construction, where application is withdrawn or abandoned (except records covered by part "d"):
RETENTION: 10 years after last entry

c: Any other mandatory review:
RETENTION: 6 years after last entry

d: Detailed construction specifications, receipts and transmittal documents, lists of abutting properties, superseded versions of plans and drawings, routine correspondence and internal notes and memoranda from all files:
RETENTION: 6 years after last entry

e: Informal consultation records, created as a result of informal meeting with prospective applicant, prior to actual submission of application:
RETENTION: 1 year after last entry

f: Application is incomplete:
RETENTION: 90 days after date of most recent entry in record

g: Copies of records submitted to county planning agency, regional planning council or other review body for review:
RETENTION: 6 years after date submitted to review body
Discretionary planning review case file,

including review of planning review cases, federal or other aid projects, review of mining permit application, environmental impact or similar studies, or other reviews, including but not limited to application, correspondence, copies of local planning or zoning records, legally required notifications received from adjacent municipalities, maps, plans, sketches, and other supporting materials

 CO2 430; MU1 402; MI1 345 124

a: When review is carried out, and comments are forwarded by planning agency:
RETENTION: 3 years after last entry

b: When no comments are forwarded by planning agency:
RETENTION: 1 year after receipt of request to review
Zoning
Title Major Revision Previous Schedules Schedule Item
Master summary record

(log or register) maintained by zoning agency to record receipt of zoning variance and special use permit applications, change of zoning applications for individual parcels, and other zoning activity, and to record subsequent action taken:
RETENTION: PERMANENT

 MU1 664 125
Zoning maps,

and all updates:
RETENTION: PERMANENT

 MU1 648 126
Zoning action data file

contained in building/property history system, and related records, created for informational and reference purposes, containing information on zoning variances, special use permits, and other relevant detailed information:
RETENTION: 0 after no longer needed
NOTES: Local governments should consider permanent retention of the basic data elements of this zoning action data for all parcels of property in the local government, unless that data is preserved by the building/property history system overall summary data file (see item no. 105). This information may be useful for long-range planning purposes, and for community and land use history research. More importantly, this data provides for ease of access to summary building permit data on individual parcels of real property and the structures located on them. In addition, this data file may be used to access more detailed building permit records in electronic data output or maps, plans, permits and other paper records in inactive storage. Contact the State Archives for additional advice.

 MU1 665 127
Change of zoning records,

including application, petition, protest, hearing minutes, preliminary and final reports and correspondence, relating to changes proposed in zoning boundaries or regulations:
RETENTION: PERMANENT
NOTES: Change of zoning records relating to changes in zoning classification for individual parcels of property, not affecting other parcels or larger areas, are covered by item no. 129, as if these were zoning variance applications.

 MU1 649 128
Zoning variance or special permit file,

including application and supporting materials, hearing results, decision and appeal records

 2020 (♦)
 MU1 650 129

a: For commercial, industrial, historic structure or multi-unit residential variance or permit (except records covered by part "c"):
RETENTION: PERMANENT

b: For single-unit residential variance or permit:
RETENTION: 25 years after date of last entry
NOTES: Certain single-unit residential variance and permit files may be significant because they set legal precedents and should be retained permanently. Those involving the definition of what constitutes a "family" may be particularly important.

c: Detailed construction specifications, receipts and transmittal documents, lists of abutting properties, superseded versions of plans and drawings, routine correspondence and internal notes and memoranda from all files:
RETENTION: 6 years after last entry

d: Informal consultation records, created as a result of informal meeting with prospective applicant, prior to actual submission of application:
RETENTION: 1 year after last entry

e: Application is incomplete:
RETENTION: 90 days after date of most recent entry in record
Notification of proposed zoning change,

received from adjacent municipality:
RETENTION: 1 year

 MU1 651 130
Zoning ordinance violation records,

not related to zoning variance or special permit application

 MU1 652 131

a: For alleged but unfounded violation:
RETENTION: 1 year

b: Violation files:
RETENTION: 6 years after date of last entry in record

c: Master summary record of violations:
RETENTION: PERMANENT