Amendment of Violation Classifications (Concrete Washout Water and UnSafe Facades)

Adopted Rules: Closed to Comments

Agency:
Effective Date: 
Wednesday, July 18, 2012

 

 

STATEMENT OF BASIS AND PURPOSE

 

The rule amendments are pursuant to the authority of the Commissioner of Buildingsunder Sections 643 and 1043(a) of the New York City Charter and Article 302 of the Administrative Code.

 

The amendments:

 

·         Change the title of the section to reflect new classifications of violations.

 

·         Add a new charge for violation of Local Law 70 of 2011 governing concrete washout water, which will take effect on July 1, 2012. This local law regulates wastewater generated from the rinsing of equipment used to mix, transport,convey, and/or place concrete. The failure to perform proper concrete washoutprocedures would damage the City's environment, sewers and drains.

 

·         Add a new charge when a registered design professional fails to immediately notifythe Department when there is an unsafe condition in a façade. When the Department is not immediately notified, the unsafe conditions may present a risk topublic safety. The amendment would classify this charge as an ImmediatelyHazardous (Class 1) violation.

 

·         Add a new charge for failure to secure public safety when there is an unsafecondition in a facade. When unsafe conditions are reported by the registereddesign professional to the Department and the owner, the owner must takeimmediate steps to remedy the conditions and take required measures to protect the public from the unsafe conditions. The Department believes that the lack ofthese safety measures presents an immediate danger to the public. Therefore,the amendment would classify this charge as an Immediately Hazardous (Class 1).

 

·         Add a new charge for removal of public protection from unsafe facade withoutapproval from the Department. Where required safety measures are already inplace for unsafe façades, Department  rules  require  Department  permission before removing the protection to ensure public safety.