Amendment of Rules Governing Filing Representatives
Proposed Rules: Closed to Comments
Statement of Basis and Purpose of Proposed Rule
The foregoing rule is proposed pursuant to the authority of the Commissioner of Buildings under Sections 643 and 1043 of the New York City Charter.
In promulgating this rule, the Commissioner is exercising the authority of Section 28-416.3 of Article 416 of the New York City Administrative Code, which states, "The commissioner shall promulgate rules for the proper and efficient administration and enforcement of this article. Unless required by rule, a registered filing representative shall not be required to take an examination or to complete continuing education courses as a condition for renewal of the registration." This authority is being exercised at this time to meet the needs of the construction industry and the Department for qualified registered filing representatives.
The construction industry, including architects, engineers, contractors and owners, often use the services of registered filing representatives to present, submit, furnish and/or seek approval of applications or construction documents, and to remove documents from the possession of the Department of Buildings ("DOB"). These construction documents are then reviewed by DOB plan examiners and/or other DOB technical staff who may issue objections if the construction documents do not comply with the Construction Codes, zoning or other applicable law, rule or requirement. These objections should be addressed by persons with some threshold knowledge of the construction documents and the applicable procedures and requirements. Sometimes the person who presents, submits, or furnishes the documents is not qualified or prepared to address the objections issued by the plan examiner or other technical staff. In such instances, the approval process is delayed.
To eliminate this problem and ensure the efficient processing of construction documents, DOB is proposing a rule that creates training, education, filing experience and continuing education requirements for registered filing representatives. These requirements will create two classes of registered filing representative:
· Class 2 Registered Filing Representatives, who will be permitted to present, submit, furnish or seek approval of applications or construction documents, and remove documents from the possession of DOB, and who will be qualified to meet with plan examiners and other technical staff to address objections; and,
· Class 1 Registered Filing Representatives, who will be limited to presenting, submitting, furnishing or seeking approval of applications or construction documents, and removing documents from the possession of DOB.
By creating these two classes of registered filing representatives, the proposed rule will:
· Assist the Department, the construction industry, and the public in identifying qualified individuals to support their filings; and
· Expedite the approval process by ensuring that only qualified registered filing representatives appear before plan examiners and other technical staff to address objections.
For those individuals who do not have the academic requirements to qualify for Class 2 status, the rule provides a two-month window of opportunity (April 1-June 1, 2013) in which such individuals will be eligible to register as Class 2 representatives based solely on their years of experience and number of jobs filed with DOB.
The proposed rule also restates the existing fee structure set forth in Section 28-401.15 of Article 401 of the New York City Administrative Code to align with the proposed, triennial filing representative registration term.
Finally, the proposed rule amends Section 104-03 of the Rules of the City of New York to provide that the initial term of a filing representative's registration will be three years, beginning on the applicant's birthday following the date of registration, and that the registration may be renewed for terms of three years.
Section 104-03 is also being amended to clarify that the term of a general contractor registration is three years, beginning on the applicant's birthday following the date of registration, and that the term of a master electrician or special electrician license is one year, beginning on the applicant's birthday following the date of issuance.