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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: 

City of New York

Office of Administrative Trials and Hearings

Environmental Control Board

 

Notice of Promulgation of Rule

 

NOTICE IS HEREBY GIVEN PURSUANT TO THE AUTHORITY VESTED in the  Office of Administrative Trials and Hearings’ Environmental Control Board (OATH ECB) in accordance with Sections 1049-a and 1043 of the New York City Charter and Section 28-202.1 of the New York City Administrative Code. OATH ECB repeals its Buildings Penalty Schedule, found in Section 3-103 of Subchapter G of Chapter 3 of Title 48 of the Rules of the City of New York (RCNY), which contains penalties for summonses issued by the New York City Department of Buildings (DOB) for violations of Title 1 of the RCNY and Titles 27 and 28 of the New York City Administrative Code. DOB promulgated a rule adding the Buildings Penalty Schedule to its rules.

 

The proposed rule was published in The City Record on February 27, 2017, and a public hearing was held on March 29, 2017. Three members of the public attended the public hearing and two members provided testimony.  OATH ECB did not receive any written comments concerning this rule. 

 

Statement of Basis and Purpose of Rule

 

The Office of Administrative Trials and Hearings’ Environmental Control Board (OATH ECB) repeals its Buildings Penalty Schedule, which consists of Buildings Penalty Schedule I and Buildings Penalty Schedule II.  This schedule is found in 48 RCNY § 3-103, and contains penalties for violations of Title 1 of the Rules of the City of New York (RCNY) and Titles 27 and 28 of the New York City Administrative Code. At the same time, DOB has enacted a Buildings Penalty Schedule within its own rules, which will be located in 1 RCNY § 102-1. OATH ECB is in the process of repealing all penalty schedules in its rules at Subchapter G of Chapter 3 of Title 48 of the RCNY so that they can be relocated to the rules of the agencies with rulemaking and policymaking jurisdiction over the laws underlying the violations.

 

Although OATH ECB is empowered to impose penalties under the New York City Charter and has until now promulgated penalty schedules, the regulatory and enforcement agencies have the necessary expertise to determine appropriate penalties for violation of the rules and of the laws within their jurisdiction based on the severity of each violation and its effect on City residents. Moving the penalty schedule makes 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 rule repeal speeds up the rulemaking process by eliminating the need forOATH ECB approval of proposed or amended penalties for agency rules that have already been established by the legislature and/or that have already undergone the City Administrative Procedure Act (CAPA) process by the enforcement agency.  The public will still have the opportunity to comment on proposed penalties during that process.

Working with the City’s rulemaking agencies, the Law Department, the Mayor’s Office of Management and Budget, and the Mayor’s 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 rule repeal was identified as meeting the criteria for this initiative.

 

 

New material is underlined.

[Deleted material is in brackets.]

 

 

Section 1. The Department of Buildings Penalty Schedule, found in Section 3-103 of Subchapter G of Chapter 3 of Title 48 of the Rules of the City of New York, is REPEALED.

Effective Date: 
Wed, 05/10/2017

Adopted Rules: Closed to Comments

Adopted Rules Content: 

City of New York

Environmental Control Board

 

Notice of Promulgation of Rule

 

NOTICE IS HEREBY GIVEN PURSUANT TO THE AUTHORITY VESTED in the  Environmental Control Board (ECB) in accordance with Sections 1049-a  and 1043 of the New York City Charter and Section 28-202.1 of the New York City Administrative Code. The ECB has amended its Department of Buildings (DOB) Penalty Schedule. This schedule is found in Section 3-103 of Subchapter G of Chapter 3 of Title 48 of the Rules of the City of New York. It contains penalties for notices of violation issued by the New York City DOB.The proposed rule was published in the City Record on February 29, 2016, and a public hearing was held on March 30, 2016. 

 

Statement of Basis and Purpose of Final Rule

 

The New York City Environmental Control Board (“ECB”) has modified the ECB Buildings Penalty Schedule to reflect the 2014 updates to the NYC Construction Codes and to more clearly and effectively allow the New York City Department of Buildings (“DOB”) to enforce particular sections of law. The ECB held a public hearing on March 30, 2016, regarding amendments to its Department of Buildings Penalty Schedule found in Section 3-103 of Subchapter G of Chapter 3 of Title 48 of the Rules of the City of New York.

 

This modification to the penalty schedule adds two new infractions and amends three existing infractions. The new infractions enable DOB to effectively enforce Commissioner’s Orders relating to the safe operation of construction equipment and other matters that ensure public safety. The amendments increase the penalties for inadequate safety measures during crane, derrick or other hoisting operations and for failure to safeguard all persons and property affected by construction operations, promoting DOB’s zero tolerance policy for abuses of public safety regulations.

Effective Date: 
Fri, 04/15/2016

Proposed Rules: Closed to Comments

Agency:
Comment By: 
Wednesday, March 30, 2016
Proposed Rules Content: 

Statement of Basis and Purpose

The New York City Environmental Control Board (ECB) is proposing to modify the ECB Department of Buildings (DOB) Penalty Schedule found in Section 3-103 of Subchapter G of Chapter 3 of Title 48 of the Rules of the City of New York to encourage swift and decisive compliance with safety-related orders and other regulations at construction sites.

This proposed modification to the penalty schedule will add two new infractions and amend three existing infractions. The new infractions will enable DOB to effectively enforce Commissioner’s Orders relating to the safe operation of construction equipment and other matters that ensure public safety. The amendments increase the penalties for inadequate safety measures during crane, derrick or other hoisting operations and for failure to safeguard all persons and property affected by construction operations, promoting DOB’s zero tolerance policy for abuses of public safety regulations.

 

Subject: 

Amendment of Buildings Penalty Schedule (Operation of Construction Equipment)

Location: 
ECB Conference Room, 10th Floor
66 John Street
New York , NY 10038