Amendment of Buildings Penalty Schedule Reflecting Recent Construction Code Amendments
Proposed Rules: Closed to Comments
Statement of Basis and Purpose of Proposed Rule
The New York City Environmental Control Board (“ECB”) is proposing a rule that would modify the Buildings Penalty Schedule to reflect the 2014 updates to the NYC Construction Codes and to more clearly and effectively allow the New York City Department of Buildings (“DOB”) to enforce particular sections of law.
The 2014 updates to the NYC Construction Codes amended the Administrative Code of the City of New York, the New York City Plumbing Code, the New York City Building Code, the New York City Mechanical Code and the New York City Fuel Gas Code, and brought these codes up to date with the 2009 editions of the International Building, Mechanical, Fuel Gas and Plumbing Codes.
The updates amended existing requirements, added new requirements and renumbered existing sections of these Codes. The Buildings Penalty Schedule needs to be amended to reflect some of these changes. The proposed rule amends the Buildings Penalty Schedule by:
· updating sections of law for certain violations (“Failure to provide pedestrian protection for sidewalks and walkways,” “New building or open lot occupied without a valid certificate of occupancy,” and “Failure to obey a vacate order”),
· updating descriptions for certain violations (“New building or open lot occupied without a valid certificate of occupancy” and “Failure to obey a vacate order”),
· deleting one existing violation (“Use of supported scaffold without a scaffold user certificate”), and
· adding one new violation (“Scaffold training certificate card not readily available for inspection”).
Penalty amounts for all existing violations remain unchanged. All penalties fall within the guidelines for all classes of violations, as stated in Section 28-202.1 of the New York City Administrative Code. The statutory maximum for each class of violation is:
Class 3 (lesser violation) -$500,
Class 2 (major violation) - $10,000, and
Class 1 (immediately hazardous violation) - $25,000.
Eligible Class 2 (major) violations, and all Class 3 (lesser) violations, are indicated as curable in the penalty schedule.