Buildings Penalty Schedule
Proposed Rules: Open to CommentsLog in or register to post comments
Statement of Basis and Purpose
The proposed rule:
- relocates the Department of Buildings (DOB) Penalty Schedule from the Office of Administrative Trials and Hearings Environmental Control Board (OATH ECB) rules in Chapter 3 of Title 48 of the Rules of the City of New York to DOB’s rules in Chapter 100 of Title 1 of the Rules of the City of New York;
- updates the schedule as needed to reflect recently adopted rules;
- provides clearer, more concise language; and
- reduces default penalties upon proof of compliance with applicable law.
Although OATH ECB is empowered to impose penalties under the New York City Charter and has until now promulgated penalty schedules, the enforcement agencies have the expertise to recommend appropriate penalties based on the severity of each violation and its effect on City residents. Moving the penalty schedule will also make it easier for the public to find the penalties, which will be located within the same chapter as the rules supporting the violations alleged in the summonses. Finally, the proposed rule relocation will speed up the rulemaking process by eliminating the need for OATH ECB approval of proposed or amended penalties for agency rules that have already gone through the City Administrative Procedure Act (CAPA) rulemaking process. The public will still have the opportunity to comment on proposed penalties during this process.
The schedule has also been updated to add new penalties amounts for violations of the Energy Conservation Code (“ECC”), which can be found in Chapter 10 of Title 28 of the New York City Administrative Code. The proposed penalty amounts range from $300 to $10,000.
Working with the City’s rulemaking agencies, the Law Department, OMB, and the Office of Operations conducted a retrospective rules review of the City’s existing rules, identifying those rules that will be repealed or modified to reduce regulatory burdens, increase equity, support small businesses, and simplify and update content to help support public understanding and compliance. This proposed rule meets the criteria for this initiative.
DOB’s authority for these rules is found in Sections 643 and 1043(a) of the New York City Charter.
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