DOB Subscribe to RSS - DOB

Department of Buildings
Codified Title: 
Title 1: Department of Buildings

Adopted Rules: Closed to Comments

Adopted Rules Content: 

 

STATEMENT OF BASIS AND PURPOSE

 

Under article 105 of title 28 of the New York City Administrative Code, a written permit is required to conduct work in connection with any building, structure, sign, service equipment, or gas, mechanical, plumbing or fire suppression system in the city.  The permit requirement is subject to certain exemptions as stated in section 28-105.4, including exemptions for “categories of work as described in department rules, consistent with public safety.” 

Under Article 213, the New York City Department of Buildings (“Department”) must impose a civil penalty for work without a permit and adopt a rule describing the procedure for the assessment of such penalties.  Such civil penalty is in addition to the penalties authorized under article 202 of the New York City Administrative Code.  Section 28-213.2 also provides that a waiver or reduction of the penalty is available, pursuant to Department rules, to a subsequent bona fide purchaser of a building on which work without a permit was performed.  The proof needed to show that an owner is a subsequent bona fide purchaser is further explained in this rule.

Under article 207, the Commissioner of the Department may issue a “stop work order” if building work is being performed in violation of applicable laws and rules or in a dangerous or unsafe manner.  Under section 28-207.2.3, the Commissioner may rescind a stop work order under certain circumstances, including following the payment of civil penalties, or where the stop work order should not have been issued. 

Section 1 of the rule repeals the existing civil penalties rule, which has been superseded in part by the Administrative Code and no longer reflects current practice. 

Section 2 of the rule sets forth:

  • When payment of a civil penalty for work without a permit or violation of a stop work order is required
  • How civil penalties for work without a permit are assessed
  • Requirements and procedures for overrides, waivers, and/or reductions of a civil penalty for work without a permit or violation of a stop work order
  • Requirements for a refund of the payment of such civil penalty

 

Effective Date: 
Sat, 02/22/2014

Adopted Rules: Closed to Comments

Adopted Rules Content: 

 

Statement of Basis and Purpose

This rule amendment is promulgated pursuant to the authority of the Commissioner of Buildings under sections 643 and 1043(a) of the New York City Charter and sections 28-201.2, 28-201.2.1, and 28-202.1 of the New York City Administrative Code. 

On July 1, 2013, the Mayor signed Local Law 47 of 2013. This law requires contractors and building owners to consolidate required construction signage and permits into a single new standard in order to provide information that is more useful to the public and minimize the visual clutter of signage at construction sites.

The law repeals existing Section 3301.9 of the New York City Building Code, pertaining to required signage, and replaces it with a new Section 3301.9, detailing requirements for signs to be posted at construction or demolition sites.

The law also amends Section 3307.6.4 of the Building Code to require sidewalk sheds erected after July 1, 2013 to be painted hunter green and adds that same requirement for fences in Section 3307.7.2.

In order to enforce the new requirements under Sections 3301.9, 3307.1 and 3307.7, the rule modifies the following existing violations:

·        1 RCNY 27-03/Section 3307.1.1 (Building Code): “Prohibited sign on sidewalk shed or construction fence” will now reference only Section 3307.1.1 and read “Prohibited Outdoor Advertising Company sign on sidewalk shed or construction fence.”

·        Section 28-105.11 of the Administrative Code: “Failure to post permit for work at premises” will now read “Failure to post or properly post permit for work at premises.”

·        Section 3301.9 (Building Code)/Section 27-1009(c) (Admin Code): “Failure to provide/post sign(s) at job site pursuant to subsection” will delete the reference to Section 27-1009(c) and will now read “Project Information Panel/Sidewalk Shed Parapet Panel/Construction Sign not provided or not in compliance with section.”

·        Section 3307.6 (Building Code)/Section 27-1021 (Admin Code): “Sidewalk shed does not meet code specifications” will delete the references to Section 27-1021 and Building Code Section 3307.6, will now reference Section 3307.1 of the Building Code, and will read “Pedestrian protection does not meet code specifications.”

·        Section 3307.7 (Building Code)/Section 27-1021(c) (Admin Code): “Job site fence not constructed pursuant to subsection” will delete the reference to Section 27-1021(c) and will now read “Job site fence not constructed or maintained pursuant to subsection.”

In order to enforce the requirement that sidewalk sheds be hunter green in Section 3307.6.4 of the Building Code and to enforce the prohibition on the placement of unlawful signs on protective structures set out in Section 3707.1.1 of the Building Code, the rule amendment adds the following new violations:

·        A class 2 violation of Section 3307.1.1 of the Building Code: “Posting of unlawful signs, information, pictorial representation, business or advertising messages on protective structures.”

·        A class 2 violation of Section 3307.6.4 of the Building Code: “Sidewalk shed does not meet color specification.”

In order to effectively enforce the requirement under Section 3307.3 of the Building Code, that construction and demolition sites have pedestrian protection for sidewalks and walkways, the rule makes the following additional changes:

·        Section 3307.3.1 (Building Code)/27-1021(a) (Admin Code): This charge is being deleted and will be replaced by the new Section 3307.3 charge listed below.

·        A Class 1 violation of Section 3307.3 of the Building Code:  “Failure to provide pedestrian protection for sidewalks and walkways.”  This charge replaces and expands the current charge under Section 3307.3.1/Section 27-1021(a), which is being deleted.  While this change is not strictly necessary to implement Local Law 47, it is being made because the current charge only addresses the failure to provide sidewalk shed protection. However, there may be instances where there is a failure to provide other types of pedestrian protection (not just sidewalk sheds) and this expanded charge will allow the Department to address that.

 

Effective Date: 
Fri, 01/17/2014

Adopted Rules: Closed to Comments

Adopted Rules Content: 

 

Statement of Basis and Purpose of Rule

The following rule is promulgated pursuant to the authority of the Commissioner of Buildings under Sections 643 and 1043 of the New York City Charter and Section 3301.9 of the New York City Building Code (“BC”).

The Building Code today requires that numerous signs and permits be posted along a construction site fence in order to provide project and safety contact information for the public.  Local Law 47 of 2013, which was signed by Mayor Bloomberg on July 1, 2013, simplifies these requirements by consolidating various signs into one uniform sign to minimize the visual impact of construction sites on the urban landscape.  

Local Law 47 of 2013 also authorizes the Department to modify by rule the Section 3301.9 specifications for project information panels, where those panels are located at government-owned sites or sites with government funding.  In accordance with this authorization, this rule modifies some specifications for project information panels located at government-owned sites and at sites with government funding.

In accordance with the authorization  provided in BC section 3301.9.2.7, this rule establishes standards for department acceptance of a program that ensures best construction site management practices are employed to minimize construction impact on the surrounding communities and to promote community relations. This program will be developed and administered by a party that is independent of the contractor and is in addition to the contractor and owner’s responsibility to comply with all health and safety requirements in the building code.  The program will be designed to monitor certain activities at construction sites and to work with the community.  The rule also sets forth the basis and process for removal of the department’s acceptance logo and for the removal of the program’s name or logo from the sidewalk shed parapet panel located at a particular site or sites.

 

Effective Date: 
Fri, 01/17/2014

Proposed Rules: Closed to Comments

Agency:
Comment By: 
Friday, January 10, 2014
Proposed Rules Content: 

  

STATEMENT OF BASIS AND PURPOSE

 

 Under article 105 of title 28 of the New York City Administrative Code, a written permit is required to conduct work in connection with any building, structure, sign, service equipment, or gas, mechanical, plumbing or fire suppression system in the city.  The permit requirement is subject to certain exemptions as stated in section 28-105.4, including exemptions for “categories of work as described in department rules, consistent with public safety.” 

Under Article 213, the New York City Department of Buildings (“Department”) must impose a civil penalty for work without a permit and adopt a rule describing the procedure for the assessment of such penalties.  Such civil penalty is in addition to the penalties authorized under article 202 of the New York City Administrative Code.  Section 28-213.2 also provides that a waiver or reduction of the penalty is available, pursuant to Department rules, to a subsequent bona fide purchaser of a building on which work without a permit was performed.  The proof needed to show that an owner is a subsequent bona fide purchaser is further explained in this rule.

Under article 207, the Commissioner of the Department may issue a “stop work order” if building work is being performed in violation of applicable laws and rules or in a dangerous or unsafe manner.  Under section 28-207.2.3, the Commissioner may rescind a stop work order under certain circumstances, including following the payment of civil penalties, or where the stop work order should not have been issued. 

Section 1 of the proposed rule repeals the existing civil penalties rule, which has been superseded in part by the Administrative Code and no longer reflects current practice. 

Section 2 of the proposed rule sets forth:

  • When payment of a civil penalty for work without a permit or violation of a stop work order is required
  • How civil penalties for work without a permit are assessed
  • Requirements and procedures for overrides, waivers, and/or reductions of a civil penalty for work without a permit or violation of a stop work order
  • Requirements for a refund of the payment of such civil penalty

 

Subject: 

.Civil Penalties for Certain Violations

Location: 
Auditorium
125 Worth Street 2nd floor
New York, NY 10013
Contact: 

No contact

Download Copy of Proposed Rule (.pdf): 

Adopted Rules: Closed to Comments

Adopted Rules Content: 

Statement of Basis and Purpose of Final Rule

The following rule amendments are promulgated pursuant to the authority of the Commissioner of Buildings under Section 643 and 1043(a) of the New York City Charter and Article 303 of Title 28 of the New York City Administrative Code. Article 303 requires annual inspections of boilers.  Section 28-303.4 authorizes the Commissioner to set the inspection cycle, and section 28-303.7 allows rules regarding the filing of inspection reports.

 

With the amendments to these rules regarding the annual inspection cycles for boilers, the Department is addressing some administrative issues that affect the deadlines for inspection and submitting reports for high-pressure and low-pressure boilers. The amendments do the following:

  • Allow the current inspection cycle that started on January 1, 2013, as a result of the 2012 inspection cycle extension due to Hurricane Sandy, to end on December 31, 2013. All subsequent inspection cycles for years after 2013 will start on January 1 and end on December 31 of the calendar year. These changes establish the same annual inspection cycle that was used prior to the Department’s cycle change in 2009.
  • Create a conventional annual inspection cycle within a single calendar year that makes it easier for boiler owners to follow. These amendments will make it administratively easier for boiler owners and Department staff to identify the particular inspection cycle that the inspections and/or violations were filed and/or issued.
  • Allow the Department to more easily calculate fees. The Department charges monthly late fees for inspection reports filed after the inspection cycle deadline. Adjusting the annual boiler inspection cycle period to start on January 1 and end on December 31 allows the Department to more easily calculate and determine when it should assess monthly late fees.
  • Make sure that the boiler owner is properly filing records with the Department that are consistent with the active boilers present in the building. These amendments will allow inspection records to be maintained more accurately and the Department to account for boilers in use in city buildings.
  • Alert the Department to the dangerous conditions caused by unregistered boilers. The Department deems unregistered boilers to be a dangerous condition that could threaten the life and safety of building occupants. These amendments allow the Department to be more aware of unregistered boilers by requiring inspectors to immediately notify the Department upon discovering an unregistered boiler during an inspection.
  • Add to the low pressure boiler rule a provision regarding expired inspections that is in the high pressure boiler rule.

 

Effective Date: 
Sun, 12/29/2013

Proposed Rules: Closed to Comments (View Public Comments Received:2)

Agency:
Comment By: 
Thursday, November 14, 2013
Proposed Rules Content: 

 

 

Statement of Basis and Purpose of Proposed Rule

 

The following rule is proposed pursuant to the authority of the Commissioner of Buildings under Sections 643 and 1043 of the New York City Charter and Section 3301.9 of the New York City Building Code ("BC").

 

The Building Code today requires that numerous signs and permits be posted along a construction site fence in order to provide project and safety contact information for the public. Local Law 47 of 2013, which was signed by Mayor Bloomberg on July 1, 2013, simplifies these requirements by consolidating various signs into one uniform sign to minimize the visual impact of construction sites on the urban landscape.

 

Local Law 47 of 2013 also authorizes the Department to modify by rule the Section 3301.9 specifications for project information panels, where those panels are located at government-owned sites or sites with government funding. In accordance with this authorization, this proposed rule modifies some specifications for project information panels located at government-owned sites and at sites with government funding.

 

In accordance with the authorization provided in BC section 3301.9.2.7, this proposed rule establishes standards for department acceptance of a program that ensures best construction site management practices are employed to minimize construction impact on the surrounding communities and to promote community relations. This program will be developed and administered by a party that is independent of the contractor and is in addition to the contractor and owner’s responsibility to comply with all health and safety requirements in the building code. The program will be designed to monitor certain activities at construction sites and to work with the community. The rule also sets forth the basis and process for removal of the department’s acceptance logo and for the removal of the program’s name or logo from the sidewalk shed parapet panel located at a particular site or sites.

 

 

Subject: 

Opportunity to comment on proposed rule relating to construction site signs

Location: 
Note: Change of venue
49-51 Chambers Street
New York, NY 10007
Contact: 

Joseph Gilbride
Senior Business Process Manager
Department of Buildings
280 Broadway, 7th floor
New York, NY 10007

Proposed Rules: Closed to Comments

Agency:
Comment By: 
Thursday, November 14, 2013
Proposed Rules Content: 

 

 

Statement of Basis and Purpose

 

This rule amendment is proposed pursuant to the authority of the Commissioner of Buildings under sections 643 and 1043(a) of the New York City Charter and sections 28-201 .2, 28-201.2 .1, and 28-202.1 of the New York City Administrative Code.

 

On July 1, 2013, the Mayor signed Local Law 47 of 2013. This law requires contractors and building owners to consolidate required construction signage and permits into a single new standard in order to provide information that is more useful to the public and minimize the visual clutter of signage at construction sites.

 

The law repeals existing Section 3301.9 of the New York City Building Code, pertaining to required signage, and replaces it with a new Section 3301.9, detailing requirements for signs to be posted at construction or demolition sites.

 

The law also amends Section 3307.6.4 of the Building Code to require sidewalk sheds erected after July 1, 2013 to be painted hunter green and adds that same requirement for fences in Section 3307 .7.2.

 

In order to enforce the new requirements under Sections 3301.9, 3307.1 and 3307.7, the proposed rule will modify the following existing violations:

 

  • 1 RCNY 27-03/Section 3307.1.1 (Building Code): "Prohibited sign on sidewalk shed or construction fence" will now reference only Section 3307 .1.1 and read "Prohibited Outdoor Advertising Company sign on sidewalk shed or construction fence."

 

  • Section 28-105.11 of the Administrative Code: "Failure to post permit for work at premises" will now read "Failure to post or properly post permit for work at premises."

 

  • Section 3301.9 (Building Code)/Section 27-1009(c) (Admin Code): "Failure to provide/post sign(s) at job site pursuant to subsection" will delete the reference to Section 27-1009(c) and will now read "Project Information Panel/Sidewalk Shed Parapet Panel/Construction Sign not provided or not in compliance with section."

 

  • Section 3307.6 (Building Code)/Section 27-1021 (Admin Code): "Sidewalk shed does not meet code specifications" will delete the references to Section 27-1021 and Building Code Section 3307.6, will now reference Section 3307.1 of the Building Code, and will read "Pedestrian protection does not meet code specifications."

 

  • Section 3307.7 (Building Code)/Section 27-1021 (c) (Admin Code): "Job site fence not constructed pursuant to subsection" will delete the reference to Section 27-1021(c) and will now read "Job site fence not constructed or maintained pursuant to subsection."

 

In order to enforce the requirement that sidewalk sheds be hunter green in Section 3307.6.4 of the Building Code and to enforce the prohibition on the placement of unlawful signs on protective structures set out in Section 3707.1 .1 of the Building Code, the proposed rule amendment will add the following new violations:

 

  • A class 2 violation of Section 3307 .1.1 of the Building Code: "Posting of unlawful signs, information, pictorial representation, business or advertising messages on protective structures."

 

  • A class 2 violation of Section 3307.6.4 of the Building Code: "Sidewalk shed does not meet color specification."

 

In order to effectively enforce the requirement under Section 3307 .3 of the Building Code, that construction and demolition sites have pedestrian protection for sidewalks and walkways, the proposed rule will make the following additional changes:

 

  • Section 3307.3.1 (Building Code)/27-1021(a) (Admin Code): This charge is being deleted and will be replaced by the new Section 3307.3 charge listed below.

 

  • A Class 1 violation of Section 3307.3 of the Building Code: "Failure to provide pedestrian protection for sidewalks and walkways." This charge replaces and expands the current charge under Section 3307.3.1/Section 27-1021(a), which is being deleted. While this change is not strictly necessary to implement Local Law 4 7, it is being made because the current charge only addresses the failure to provide sidewalk shed protection. However, there may be instances where there is a failure to provide other types of pedestrian protection (not just sidewalk sheds) and this expanded charge will allow the Department to address that.

 

 

Subject: 

Opportunity to comment on proposed rule amendments to subdivision j of section 102-01 of chapter 100 of title 1 of the Rules of the City of New York, relating to the classification of violations for project information panels and construction signs.

Location: 
Note: Change of venue
49-51 Chambers Street
New York, NY 10007
Contact: 

Deborah Glikin
Assistant General Counsel
New York City Department of Buildings
280 Broadway, 7th floor
New York, NY 10007

Proposed Rules: Closed to Comments

Agency:
Comment By: 
Friday, November 8, 2013
Proposed Rules Content: 

 

 

Statement of Basis and Purpose

 

The following rule amendments are proposed pursuant to the authority of the Commissioner of Buildings under Section 643 and 1043(a) of the New York City Charter and Article 303 of Title 28 of the New York City Administrative Code. Article 303 requires annual inspections of boilers. Section 28-303.4 authorizes the Commissioner to set the inspection cycle, and section 28-303.7 allows rules regarding the filing of inspection reports.

 

With the proposed amendments to these rules regarding the annual inspection cycles for boilers, the Department is addressing some administrative issues that affect the deadlines for inspection and submitting reports for high-pressure and low-pressure boilers. The proposed amendments would do the following:

 

  • Allow the current inspection cycle that started on January 1, 2013, as a result of the 2012 inspection cycle extension due to Hurricane Sandy, to end on December 31, 2013. All subsequent inspection cycles for years after 2013 will start on January 1 and end on December 31 of the calendar year. These changes would establish the same annual inspection cycle that was used prior to the Department’s cycle change in 2009.

 

  • Create a conventional annual inspection cycle within a single calendar year that makes it easier for boiler owners to follow. These amendments will make it administratively easier for boiler owners and Department staff to identify the particular inspection cycle that the inspections and/or violations were filed and/or issued.

 

  • Allow the Department to more easily calculate fees. The Department charges monthly late fees for inspection reports filed after the inspection cycle deadline. Adjusting the annual boiler inspection cycle period to start on January 1 and end on December 31 would allow the Department to more easily calculate and determine when it should assess monthly late fees.

 

  • Make sure that the boiler owner is properly filing records with the Department that are consistent with the active boilers present in the building. These amendments will allow inspection records to be maintained more accurately and the Department to account for boilers in use in city buildings.

 

  • Alert the Department to the dangerous conditions caused by unregistered boilers. The Department deems unregistered boilers to be a dangerous condition that could threaten the life and safety of building occupants. These amendments allow the Department to be more aware of unregistered boilers by requiring inspectors to immediately notify the Department upon discovering an unregistered boiler during an inspection.

 

  • Add to the low pressure boiler rule a provision regarding expired inspections that is in the high pressure boiler rule.

 

 

This rule was not included in the agency's most recent regulatory agenda as it was not contemplated at the time the agenda was published.

 

 

Subject: 

Opportunity to comment on proposed amendments to rule 101-07, rule 103-01, and rule 103-05 relating to boiler inspection and reporting deadlines

Location: 
Department of Buildings
280 Broadway, 4th Floor
New York, NY 10007
Contact: 

Robert Daly, P.E.
Director
Central Inspections Boiler Division
New York City Department of Buildings
280 Broadway, 4th floor
New York, NY 10007

Download Copy of Proposed Rule (.pdf): 

Adopted Rules: Closed to Comments

Adopted Rules Content: 

 

 

Statement of Basis and Purpose

 

This rule is promulgated pursuant to the authority of the Commissioner of Buildings under Sections 643 and 1043 of the New York City Charter and Section 28-103.19 of the Administrative Code of the City of New York.

 

The current reference standard American Society of Civil Engineers CUAScE·) 24, as modified by Section BC G501.1 of the New York City Building Code, does not mandate freeboard above the Base Flood Elevation ("BFE") for buildings in Structural Occupancy Category I or II. As per Section BC G201.2 of the New York City Building Code, the BFE is the elevation of a flood that has a 1-percent chance of being equaled or exceeded in any given year.

 

This rule amends this reference standard so as to require freeboard of up to two feet for these categories of buildings, depending on the type of building and the type of flood risk.

 

As defined in the regulations of the Federal Emergency Management Agency relating to the National Flood Insurance Program, 44 C.F.R. 59.1, the term "freeboard• is a way to represent a measure of safety concerning flooding, usually expressed in feet above a flood level for purposes of flood management. Freeboard requires a building to be elevated higher than the BFE. Freeboard aims to compensate for the many unknown factors that could contribute to flood heights greater than the floods predicted for a particular area, such as waves, bridge openings, and the effect that development has on ground water absorption.

 

In accordance with Table 1-1 of ASCE 24, as modified by Section BC G501.1, buildings in Structural Occupancy Category I or II include the majority of new construction in New York City, including 1- and 2-family dwellings, apartment houses, retail stores, and office buildings.

 

This rule requires freeboard of up to two feet for new, substantially damaged or substantially improved buildings that are located in areas of special flood hazard. The rule brings the New York City Building Code into alignment with the latest edition of New York State Uniform Fire Prevention and Building Code (2010) by requiring two feet of freeboard for 1- and 2-family dwellings, and into alignment with the latest edition of ASCE 24 (2005) by requiring one or two feet of freeboard for other Structural Occupancy Category 11 buildings and for Structural Occupancy Category I buildings with certain flood risks.

 

This rule will result in new construction and substantial improvements that exceed the BFE, preventing loss of life, property and business interruption in cases of flooding.

 

 

Effective Date: 
Fri, 05/31/2013

Adopted Rules: Closed to Comments

Adopted Rules Content: 

 

 

Statement of Basis and Purpose

 

 

This rule is promulgated pursuant to the authority of the Commissioner of Buildings under Sections 643 and 1043(a) of the New York City Charter and section 28-305.4 of the New York City Administrative Code.

 

Section 28-305.4 requires regular inspections of retaining walls that are 10 feet or higher, and that face a public right-of-way, such as a sidewalk or entrance. The section allows the Commissioner to 1) establish staggered assessment cycles for retaining walls, and 2) to promulgate rules specifying what constitutes a condition assessment, which is an examination conducted by a qualified retaining wall inspector to review the parts of the wall and its safety and maintenance conditions.

 

This rule enhances public safety by identifying conditions before they become hazards. The rule:

 

  • Adds filing fees for required retaining wall inspection reports;
  • Sets out who can perform a condition assessment;
  • Specifies which elements of the wall must be assessed;
  • Sets out what type of information must be in the report;
  • Creates staggered reporting cycles by borough;
  • Sets out the actions to take where there is an unsafe condition or a safe condition that needs repair; and
  • Creates civil penalties for failure to file an acceptable condition assessment report.

 

 

Effective Date: 
Wed, 07/24/2013

Pages