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Proposed Rules: Closed to Comments

Agency:
Comment By: 
Friday, May 15, 2020
Proposed Rules Content: 

Notice of Extension of Time to Comment on Proposed Amendments to Fire Department Rule
3 RCNY 401-06 (Fire and Emergency Preparedness Guide, Checklist and Notices)

As a result of the present Coronavirus emergency, no public hearings are presently being conducted on proposed rules. It is not known at this time when they will resume.

The Fire Department also recognizes that the emergency has disrupted ordinary business operations.

Accordingly, to ensure that the public and affected building owners have an opportunity to review this proposed rule, the Fire Department is extending the time to comment on the proposed amendments to Fire Department rule.

PLEASE TAKE NOTICE that the time for submitting comments on the above proposed rule amendments is hereby extended from April 16, 2020, to FRIDAY, MAY 15, 2020. Comments may be submitted through the NYC Rules website, by email or by mail. Persons wishing to make a verbal statement can submit comments in standard video and audio formats, subject to size limitations, by emailing them to the email address below.

Any questions may be directed to the Code Development Unit of the Bureau of Fire Prevention by emailing code.develop@fdny.nyc.gov.

Contact: 

No contact

Proposed Rules: Closed to Comments (View Public Comments Received:1)

Agency:
Comment By: 
Friday, May 15, 2020
Proposed Rules Content: 

Statement of Basis and Purpose of Proposed Rule

The Fire Department proposes this rule to implement the provisions of Local Law No. 103 of 2019 regarding hurricane evacuation notices and to require apartment building owners to periodically inspect the fire safety notices on dwelling unit doors.

Hurricane Evacuation Notices

Local Law 103 requires apartment building owners (Group R-2 buildings and occupancies) within a hurricane evacuation zone, as designated by Commissioner of the Office of Emergency Management (now New York City Emergency Management or NYCEM) to post a hurricane evacuation notice in a common area of the building. The notice is intended to inform building occupants of the current hurricane evacuation zone designation for the building and the means by which building residents can determine the closest hurricane evacuation centers, namely by calling 311 or viewing the online Hurricane Evacuation Zone finder operated by NYCEM. The law provides that “[s]uch notice shall be in such form as prescribed by the commissioner by rule and shall be posted within a common area of the building and such other locations as set forth in the rules.”

Fire Department rule 3 RCNY §401-06 sets forth emergency preparedness requirements for apartment buildings. The proposed rule would amend Section 401-06 to require the posting of the hurricane evacuation notice in a conspicuous location in the building lobby at street level, either near the main building entrance, in the mailbox area or by the elevators or main stairwell.

The proposed rule prescribes that the notice take the form of the hurricane evacuation notice posted on NYCEM’s website and that it be affixed to the wall by adhesive or in a frame, displayed in an enclosed, locked bulletin board, or otherwise durably and securely posted.

Fire Safety Notices

Fire and emergency preparedness notices (entitled “Fire Safety Notices”) are required to be posted on the interior side of dwelling unit doors. The posting of this notice has been required for almost 20 years.

The Fire Department does not ordinarily inspect dwelling units and therefore does not have a means to enforce replacement of missing or damaged notices. When it has found missing or damaged notices, owners have maintained that the rule does not clearly require prompt replacement of the notices.

To address these issues, the Fire Department proposes to amend Section 401-06 to require building owners to inspect each dwelling unit at least once every two years to confirm the presence of the notice, and to replace missing or damaged notices whenever the owner or the owner’s managing agent or building staff become aware of a missing or damaged notice. In apartment buildings with a cooperative or condominium form of ownership, the cooperative or condominium association board of directors shall cause such inspections to be conducted, and, if the notice is missing or damaged, require the apartment owner to post the replacement notice provided by such board.

This proposed rule was not included in the Fire Department’s FY2020 regulatory agenda because the need for it was not anticipated.

Subject: 

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Contact: 

No contact

Adopted Rules: Closed to Comments

Adopted Rules Content: 

Local Laws 105 and 107 for the year 2016 amended Article 504 of Chapter 5 of Title 28 of the New York City Administrative Code and became effective on September 28, 2016. This rule amends the existing rules relating to bicycle access in office buildings as set forth in Section 2-19 of Chapter 2 of Title 34 of the Rules of the City of New York, and reflects the changes adopted by Local Laws 105 and 107. In general, it was the purpose of these new laws to expand the opportunities for people to use bikes in New York City.

The amendments to Section 2-19 of Chapter 2 of Title 34 are as follows:

• Section 2-19(a) is amended by deleting definitions of “accessible level” and “control”, and adding new definitions of “foldable bicycle” and “owner”.

• Section 2-19(b) is amended by adding new requirements for the bicycle access plan, such as providing at least one freight elevator that enhances the opportunities for residents to transport their bicycles to and from buildings.

• Section 2-19(c), (d), (e) and (g) are amended by updating requirements for amendments to a bicycle access plan, exceptions to the requirement of providing a bicycle access plan, exception or denial determination and the filing of a bicycle access plan.

• Section 2-19(f) is amended by adding new requirements regarding posting of a bicycle access plan indicating when other tenants or subtenants are entitled to access.

• Section 2-19(h) and (i) are amended by adding new provisions regarding foldable bicycle access and emergencies that restrict bicycles or foldable bicycles from being transported.

• Section 2-19(j) is amended by adding a new provision regarding a building owner’s ability to restrict or limit bicycle access under the bicycle access plan, if an owner is issued a violation that results from storage of a bicycle in an area of such building that is under the control of a tenant or subtenant.

Effective Date: 
Sat, 11/04/2017

Proposed Rules: Closed to Comments (View Public Comments Received:1)

Agency:
Comment By: 
Tuesday, September 12, 2017
Proposed Rules Content: 

Local Laws 105 and 107 for the year 2016 amended Article 504 of Chapter 5 of Title 28 of the New York City Administrative Code and became effective on September 28, 2016. This proposed rule would amend the existing rules relating to bicycle access in office buildings as set forth in Section 2-19 of Chapter 2 of Title 34 of the Rules of the City of New York, and reflects the changes adopted by Local Laws 105 and 107. In general, it was the purpose of these new laws to expand the opportunities for people to use bikes in New York City.

The proposed amendments to Section 2-19 of Chapter 2 of Title 34 are as follows:

• Section 2-19(a) would be amended by deleting definitions of “accessible level” and “control”, and adding new definitions of “foldable bicycle” and “owner”.

• Section 2-19(b) would be amended by adding new requirements for the bicycle access plan, such as providing at least one freight elevator that enhances the opportunities for residents to transport their bicycles to and from buildings.

• Section 2-19(c), (d), (e) and (g) would be amended by updating requirements for amendments to a bicycle access plan, exceptions to the requirement of providing a bicycle access plan, exception or denial determination and the filing of a bicycle access plan.

• Section 2-19(f) would be amended by adding new requirements regarding posting of a bicycle access plan indicating when other tenants or subtenants are entitled to access.

• Section 2-19(h) and (i) would be amended by adding new provisions regarding foldable bicycle access and emergencies that restrict bicycles or foldable bicycles from being transported.

• Section 2-19(j) would be amended by adding a new provision regarding a building owner’s ability to restrict or limit bicycle access under the bicycle access plan, if an owner is issued a violation that results from storage of a bicycle in an area of such building that is under the control of a tenant or subtenant.

Subject: 

DOT Amendment to Bicycles in Buildings Rule

Location: 
NYC Department of Transportation
55 Water Street, Bid Room, Concourse Level Entrance is located at the SE corner of 55 Water Street facing the Vietnam Veterans Memorial Plaza
NY, NY 10041
Contact: 

No contact

Download Copy of Proposed Rule (.pdf): 

Adopted Rules: Closed to Comments

Adopted Rules Content: 

Local Law 65 of 2014 (LL 65) authorizes the Department of Housing Preservation and Development (HPD) to impose a fee to conduct a third complaint-based inspection for a dwelling unit that HPD has inspected twice in the same twelve-month period. For this fee to apply, HPD must have issued a hazardous (class B) or immediately hazardous (class C) violation in the dwelling unit as a result of each such inspection in that period, and the owner must have failed to certify that all of those violations have been corrected.  Under the law, if the fee has not been paid, it becomes a tax lien against the property.   

The new law provides HPD with authority to, by rule:  

(1)  

Increase the fee for such inspections when they are performed during “heat season” (the period of October 1st through May 31st),

 

(2)  

Exclude certain hazardous or immediately hazardous violations from the inspection fee, and

 

(3) Determine what documents HPD would require for an owner to object to the inspection fee. An owner must prove that he/she attempted to access the dwelling unit to make repairs but was unable to do so.  The owner’s objection would be made under the process provided by Administrative Code §27-2129 and related statutes, and HPD’s rules in 28 RCNY Chapter 17.  

The rules provide for a new Chapter 47 to specify which hazardous and immediately hazardous violations would not generate the complaint-based inspection fee.  They also amend 28 RCNY Chapter 17 to describe the documents required for an owner to protest the inspection fee on the basis of lack of access to a dwelling unit to make repairs. The rule also clarifies Chapter 17 to specify that the rules pertaining to objections to charges enforced as tax liens apply to charges incurred under Administrative Code § 27-2091 and 27-2115(k). 

Housing Maintenance Code §27-2008 establishes an owner’s right of access to a tenant’s dwelling unit.  The law authorizes HPD to make rules regarding an owner’s entry to a dwelling unit at a reasonable time and in a reasonable manner.  Under LL 65, an owner would be able to protest a recurring violation inspection fee on the basis of lack of access to a dwelling unit to make repairs.  The rule amends Chapter 25, Subchapter H, §25-101 to clarify and update requirements regarding notification to tenants and the right of access to a dwelling unit at a reasonable time and in a reasonable manner to repair violations and conduct inspections for making improvements and other repairs.  

In addition, Local Law 47 of 2015, which was signed into law by the Mayor on June 2, 2015, provides for owners to notify occupants when certain repairs are to be made to essential services like heat and hot water.  The final rule incorporates those requirements by making conforming amendments to §25-101.

Effective Date: 
Thu, 08/20/2015

Proposed Rules: Closed to Comments

Agency:
Comment By: 
Thursday, June 18, 2015
Proposed Rules Content: 

Local Law 65 of 2014 (LL 65) authorizes the Department of Housing Preservation and Development (HPD) to impose a fee to conduct a third complaint-based inspection for a dwelling unit that HPD has inspected twice in the same twelve-month period. For this fee to apply, HPD must have issued a hazardous (class B) or immediately hazardous (class C) violation in the dwelling unit as a result of each such inspection in that period, and the owner must have failed to certify that all of those violations have been corrected.  Under the law, if the fee has not been paid, it becomes a tax lien against the property.   

The new law provides HPD with authority to, by rule:  

(1)  

Increase the fee for such inspections when they are performed during “heat season” (the period of October 1st through May 31st),

 

(2)  

Exclude certain hazardous or immediately hazardous violations from the inspection fee, and

 

(3) Determine what documents HPD would require for an owner to object to the inspection fee. An owner must prove that he/she attempted to access the dwelling unit to make repairs but was unable to do so.  The owner’s objection would be made under the process provided by Administrative Code §27-2129 and related statutes, and HPD’s rules in 28 RCNY Chapter 17.

 

The proposed rules provide for a new Chapter 47 to specify which hazardous and immediately hazardous violations would not generate the complaint-based inspection fee.  They also amend 28 RCNY Chapter 17 to describe the documents required for an owner to protest the inspection fee on the basis of lack of access to a dwelling unit to make repairs.

 

Housing Maintenance Code §27-2008 establishes an owner’s right of access to a tenant’s dwelling unit.  The law authorizes HPD to make rules regarding an owner’s entry to a dwelling unit at a reasonable time and in a reasonable manner.  Under LL 65, an owner would be able to protest a recurring violation inspection fee on the basis of lack of access to a dwelling unit to make repairs.  The proposed rule amends Chapter 25, Subchapter H, §25-01 to clarify and update requirements regarding notification to tenants and the right of access to a dwelling unit at a reasonable time and in a reasonable manner to repair violations and conduct inspections for making improvements and other repairs.

 The proposed rule also makes a clarification to Chapter 17 of Title 28 of the RCNY to specify that the rules pertaining to objections to charges enforced as tax liens apply to charges incurred under § 27-2091.

 

Subject: 

.Rules Relating to Recurring Complaint-Based Inspections

Location: 
NYC Department of Housing Preservation & Development
100 Gold Street Room 5R1
New York, NY 10038
Contact: 

Assistant Commissioner Mario Ferrigno

Download Copy of Proposed Rule (.pdf):