Board found that Buildings retroactively applied building code provision after architect allegedly self-certified non-conforming plans. In 2006, architect David Millner submitted to Buildings self-certified alteration plans depicting the replacement of a 69 sq.ft. rear deck and the enlargement of a basement bathroom in a three-story home built in the 1930s at 1-69 Beach 91st Street in Rockaway Beach, Queens. Buildings audited the plans and in February 2010 issued Millner a notice of violation for submitting certified plans that did not conform to applicable laws pursuant to a section of the building code enacted in July 2008. According to the NOV, Millner’s plans depicted a rear yard of less than two feet, rather than the 30- foot rear yard required by the zoning resolution, and a rear deck made of combustible materials built within three feet of the property line. Buildings also claimed that the bathroom enlargement increased the building’s non-compliance with permitted floor area regulations. (more…)