Amendment of DOB penalty schedule (implementation of LL 141)
Proposed Rules: Closed to Comments
Statement of Basis and Purpose
The New York City Environmental Control Board is proposing a rule to modify the ECB Buildings Penalty Schedule to enforce Local Law 141 of 2013 (LL 141), also known as the 2014 NYC Construction Code update.
LL 141, which goes into effect on December 31, 2014, amends 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 brings these codes up to date with the 2009 editions of the International Building, Mechanical, Fuel Gas and Plumbing Codes.
LL 141 amended some requirements, added new requirements and renumbered existing sections of these codes. The penalty schedule needs to be amended to reflect these changes. The proposed rule amends the penalty schedule by:
· updating sections of the Administrative Code,
· updating descriptions to the table of classifications,
· deleting some existing violations that no longer apply or could be combined with existing descriptions, and
· adding new violations and their classifications.
Penalty amounts for all existing infractions remain unchanged. All penalties fall within the guidelines for all classes of violations, as stated in Section 28-202.1. The statutory maximum for each class of violation is:
Class 3 -$500,
Class 2 - $10,000, and
Class 1 - $25,000.
New violations that are not immediately hazardous (Class 1) are indicated as curable in the penalty schedule.