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Proposed Rules: Closed to Comments

Agency:
Comment By: 
Tuesday, August 15, 2017
Proposed Rules Content: 

 

 

Statement of Basis and Purpose of Proposed Rule

 

The Fire Department is proposing to amend existing rules 3 RCNY §§ 109-01 and 109-02 to reflect changes in the administrative body that adjudicates most Fire Department violations and to the name of the violation form returnable to that body. The Fire Department is also proposing to adopt a penalty schedule as a new Fire Department rule, 3 RCNY §109-03.

 

The Fire Department is responsible for enforcing the New York City Fire Code (FC) (Title 29 of the Administrative Code); Title 15 of the Administrative Code (Fire Prevention and Control); the New York City Construction Codes (Title 28 of the Administrative Code); and the rules promulgated by the Department and codified in Title 3 of the Rules of the City of New York (“RCNY”).

 

The Fire Department conducts enforcement by, among other things, issuing “FDNY Summonses” to people and businesses that violate the above laws and rules. FDNY Summonses are returnable to the New York City Office of Administrative Trials and Hearings (“OATH”) acting pursuant to Section 1049-a of the New York City Charter, which relates to the Environmental Control Board (“ECB”). In 2008, ECB became part of OATH.  The new procedural rules of OATH’s Hearings Division, found in Chapter 6 of the Rules of the City of New York, use the term “Summons” rather than “Notice of Violation.”

 

Accordingly, to reflect the changes described above, the Fire Department now proposes conforming amendments to Sections 109-01 and 109-02 of its rules.

 

Additionally, the Fire Department’s penalty schedule used in the adjudication of agency violations, which defines the penalties associated with each type of violation of the above laws and rules, will now be included in the Fire Department’s rules. The Department’s penalty schedule is currently promulgated as part of the OATH rules, and that rule will be repealed by OATH simultaneous with the Fire Department’s adoption of this rule.

 

The enforcement agencies possess the expertise to adopt appropriate penalties based upon the severity of each violation and its corresponding impact on public safety.  Making the penalty schedule part of the issuing agency’s rules will make it more accessible to the public as it will now be located in the same title and chapter as the rules cited in the FDNY Summonses.

 

Accordingly, the Fire Department hereby proposes adoption of a new rule, 3 RCNY §109‑03, which sets forth a penalty schedule for FDNY Summonses.  The proposed penalty schedule is unchanged from the existing penalty schedule, which is currently codified as 48 RCNY §3‑106 of OATH rules, except that the violation categories for flashback arrestor, backflow valves and gas boosters (BF34) and for cryogenic fluids (BF36) have been eliminated.  Such violations will be integrated into the applicable Violation Categories in a separate rulemaking.

 

The Fire Department’s proposed adoption of the penalty schedule is being undertaken in conjunction with OATH’s proposed repeal of the existing penalty schedule.

 

Text that has been deleted is indicated by [brackets].  Text that has been added is underlined.

 

“Shall” and “must” denote mandatory requirements and may be used interchangeably in the rules of this department, unless otherwise specified or unless the context clearly indicates otherwise.

Subject: 

Amendments to 3RCNY Section 109-01: FDNY Summons, Certification of Correction and Stipulation Procedures
Amendments to 3RCNY Section109-02: Consolidation of Administrative Code Provisions For Enforcement Purposes
Propose New Rule 3RCNY Section 109-03: Penalty Schedule For FDNY Summonses

Location: 
FDNY Headquarters Auditorium
9 MetroTech Ctr
Brooklyn, NY 11201
Contact: 

No contact

Adopted Rules: Closed to Comments

Adopted Rules Content: 

Statement of Basis and Purpose of Final Rule

 

As of December 31, 2014, the New York City Building Code requires, in Sections 403.4.4 and 907.2.13.2, that an in-building auxiliary radio communication (ARC) system be installed and maintained in all newly‑constructed high-rise buildings.  An ARC system is a wireless two-way building communication system for Fire Department use only that receives and transmits Fire Department portable radio frequencies within the building.  An ARC system typically consists of a transceiver (base station) connected to a building-wide antenna system, with a radio console in the building lobby.  Section 917.1.2 of the New York City Building Code and Section FC 511 of the New York City Fire Code together require that ARC systems be installed, acceptance tested, operated and maintained in accordance with the Fire Code and the rules of the Fire Department.

 

The Fire Department adopts this rule to establish requirements for the design, installation, operation and maintenance of ARC systems, including the testing procedures necessary to confirm that the ARC system is providing adequate radio coverage in the building in all areas accessible for firefighting operations. The rule seeks to ensure that ARC systems achieve their intended purpose and, once installed, are continuously maintained in good working order.

 

The new rule, 3 RCNY §511-01, sets forth standards, requirements and procedures for installation, acceptance testing, daily inspection, annual certification and five-year recertification of ARC systems.  It requires that the testing of ARC systems be supervised by a person holding a Fire Department license, known as a Certificate of Fitness, who knows the New York City Building Code, Fire Code and Fire Department rule standards that apply to ARC systems.  The rule reflects the Fire Code requirement that this person hold a General Radiotelephone Operator License issued by the United States Federal Communications Commission (FCC).

 

The new rule also addresses the operation and maintenance of pre-existing in-building radio communication systems similar to ARC systems that were approved for installation by the Department of Buildings and/or the Fire Department prior to December 31, 2014.  As set forth in Section 511‑01(j) of the rule, a commissioning test must be conducted and the results submitted to the Fire Department; a Fire Department permit must be obtained; operation of the system for maintenance and testing purposes must be under the supervision of a certificate of fitness holder; and the system must be operated and maintained in compliance with the requirements for ARC systems set forth in the rule.

 

The Fire Department is additionally amending two existing Fire Department rules in connection with the ARC system requirements of the Fire Code and Section 511-01.

 

The Fire Department is amending Fire Department rule 3 RCNY §115-01 to establish a company certificate for businesses that test ARC systems.  These company certificates seek to ensure that the businesses that test ARC systems, including operating the systems to perform the required testing, are subject to the same standards as the individual Fire Department Certificate of Fitness holders whom they employ to perform the testing.  The Fire Department regulates blasting and fireworks contractors, private fire alarm central stations, fumigation companies, portable fire extinguisher sales and servicing companies, and smoke detector maintenance companies in a similar fashion by requiring both the individuals who perform the work and the companies that employ them to be certified.

 

Lastly, the Fire Department is amending Fire Department rule 3 RCNY §4601-01 to adopt fees for the ARC system testing company certificate and for ARC system acceptance testing by Fire Department personnel.  The fee for the ARC system testing company certificate will cover the Fire Department’s costs in issuing the certificate and programming and periodically inspecting the portable radios that each company will use to operate on Fire Department frequencies to test the ARC systems. The fee for the ARC system permit is amended to cover the cost of acceptance testing by the Fire Department.

 

In response to public comment, the Fire Department has revised Section 511-01 to clarify that the ARC system must be capable of operating on either the Fire Department simplex channels or duplex channels designated in the rule, and is not required to be capable of operating on both.  The rule has also been revised to allow the cabling for ARC systems that carries or radiates the radio frequencies (RF) to be shared with other building communication systems, provided that the owner demonstrates that such sharing will not impair the operation of the ARC system.  Additional revisions seek to clarify the terminology associated with preexisting in-building radio communication systems similar to ARC systems.

 

Finally, the rule has been revised to authorize owners of ARC systems, as well as impairment coordinators and persons who install or maintain ARC systems, to possess a citywide standard key. A citywide standard key is the key that enables Fire Department personnel and other authorized persons to operate elevator firefighter service and other devices and locked boxes.  The ARC system console will be accessed using a citywide standard key.

 

Terms used in the rule that are defined in the Fire Code or elsewhere in the Fire Department’s rules are indicated by italics.

 

Text to be deleted is indicated by [brackets].  Text to be added is underlined.

 

“Shall” and “must” denote mandatory requirements and may be used interchangeably in Fire Department rules, unless otherwise specified or unless the context clearly indicates otherwise.

 

Guidance with respect to the interpretation of the Fire Code and Fire Department rules may be obtained using the Public Inquiry Form on the Fire Department’s website, www.nyc.gov/html/fdny/html/firecode/index.shtml#p6.

 

Effective Date: 
Fri, 01/01/2016

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

Agency:
Comment By: 
Thursday, July 30, 2015
Proposed Rules Content: 

Statement of Basis and Purpose of Proposed Rule

 

As of December 31, 2014, the New York City Building Code requires, in Sections 403.4.4 and 907.2.13.2, that an in-building auxiliary radio communication (ARC) system be installed and maintained in all newly‑constructed high-rise buildings.  An ARC system is a wireless two-way building communication system for Fire Department use only that receives and transmits Fire Department portable radio frequencies within the building.  An ARC system typically consists of a transceiver (base station) connected to a building-wide antenna system, with a radio console in the building lobby.  Section 917.1.2 of the New York City Building Code and Section FC 511 of the New York City Fire Code together require that ARC systems be installed, acceptance tested, operated and maintained in accordance with the Fire Code and the rules of the Fire Department.

 

The Fire Department proposes to adopt a new rule to establish requirements for the design, installation, operation and maintenance of ARC systems, including the testing procedures necessary to confirm that the ARC system is providing adequate radio coverage in the building in all areas accessible for firefighting operations. The proposed rule seeks to ensure that ARC systems achieve their intended purpose and, once installed, are continuously maintained in good working order.

 

The proposed rule, 3 RCNY § 511-01, sets forth standards, requirements and procedures for installation, acceptance testing, daily inspection, annual certification and five-year recertification of ARC systems.  It requires that the testing of ARC systems be supervised by a person holding a Fire Department license, known as a Certificate of Fitness, who knows the New York City Building Code, Fire Code and Fire Department rule standards that apply to ARC systems.  The proposed rule reflects the Fire Code requirement that this person hold a General Radiotelephone Operator License issued by the United States Federal Communications Commission (FCC).

 

The proposed rule also addresses the operation and maintenance of in-building repeater systems that were approved for installation by the Department of Buildings and/or the Fire Department prior to December 31, 2014.  As set forth in Section 511‑01(j) of the proposed rule, a commissioning test must be conducted and the results submitted to the Fire Department; a Fire Department permit must be obtained; operation of the system for maintenance and testing purposes must be under the supervision of a certificate of fitness holder; and the system must be operated and maintained in compliance with the requirements for ARC systems set forth in the rule.

 

The Fire Department is additionally proposing to amend two existing Fire Department rules in connection with the ARC system requirements of the Fire Code and proposed Section 511-01.

 

The Fire Department proposes to amend Fire Department rule 3 RCNY § 115-01 to establish a company certificate for businesses that test ARC systems.  These company certificates seek to ensure that the businesses that test ARC systems, including operating the systems to perform the required testing, are subject to the same standards as the individual Fire Department Certificate of Fitness holders whom they employ to perform the testing.  The Fire Department regulates blasting and fireworks contractors, private fire alarm central stations, fumigation companies, portable fire extinguisher sales and servicing companies, and smoke detector maintenance companies in a similar fashion by requiring both the individuals who perform the work and the companies that employ them to be certified.

 

The Fire Department also proposes to amend Fire Department rule 3 RCNY §4601-01 to adopt fees for the ARC system testing company certificate and for ARC system acceptance testing by Fire Department personnel.  The proposed fee for the ARC system testing company certificate will cover the Fire Department’s costs in issuing the certificate and programming and periodically inspecting the portable radios that each company will use to operate on Fire Department frequencies to test the ARC systems.  The fee for the ARC system permit is proposed to be amended to cover the cost of acceptance testing by the Fire Department.

 

Terms used in the proposed rule that are defined in the Fire Code or elsewhere in the Fire Department’s rules are indicated by italics.

 

Text proposed to be deleted is indicated by [brackets].  Text proposed to be added is underlined.

 

“Shall” and “must” denote mandatory requirements and may be used interchangeably in Fire Department rules, unless otherwise specified or unless the context clearly indicates otherwise.

 

Guidance with respect to the interpretation of the Fire Code and Fire Department rules may be obtained using the Public Inquiry Form on the Fire Department’s website, www.nyc.gov/html/fdny/html/firecode/index.shtml#p6.

Subject: 

Fire Department Proposed Rule
3 RCNY Section 511-01 In-Building Auxiliary Radio Communication Systems

Location: 
Fire Department Auditorium
9 Metrotech Center
Brooklyn, NY 11201
Contact: 

No contact

Download Copy of Proposed Rule (.pdf): 

Proposed Rules: Closed to Comments

Agency:
Comment By: 
Wednesday, October 17, 2012
Proposed Rules Content: 

 

 

Statement of Basis and Purpose

 

Sections 434 (b) and 1043 of the New York City Charter authorize the Police Commissioner to promulgate rules regarding the issuance of Good Conduct Certificates. These certificates give City residents a reliable way to officially document their personal criminal record histories, or lack thereof, in order to secure employment, immigration services and visas, and for various other purposes.

 

The Department has reviewed the Certificate issuance process and is proposing the following amendments to Chapter 9 of Title 38 of the Rules of the City ofNew York:

 

  1. Better identify the nature of the Certificate.

·         The name of the Certificate would be changed from Good Conduct Certificate to Certificate of Conduct, because a certificate may include a listing of an applicant's criminal record.

 

  1. Raise the fee for the Certificate.

·         The required fee would be raised for the first time in at least twenty years to better reflect the increased costs incurred by the Police Department.

 

  1. Ensure the Certificate is more secure against fraud and abuse.

·         The amendments would delete a provision that allowed former City residents to obtain a Certificate by mail, and would change some additional documentation requirements.

·         These changes are necessary in order to help reduce fraudulent applications and prevent individuals from wrongfully using the Certificate in order to obtain documents from other entities. Document security is an important consideration in combating identity theft and terrorism.

 

  1. Create a mechanism for applicants, for immigration purposes only, who are not able to be fingerprinted.

·         The amendments would codify existing practice that, for immigration purposes only, certain people, including those who do not have fingerprints, the aged or the infirmed, may be issued a Police Clearance Letter without fingerprints, instead of a Certificate. The Police Clearance Letter would note that it was issued without a search using the applicant's fingerprints and would be delivered directly to the United States Department of Homeland Security.

 

  1. Change hours of operation.

·         The office hours of the Public Inquiry & Request Section at One Police Plaza would be changed to allow employees more time to process applications during the workday.

 

The Department is also proposing to amend section 14-04 of Chapter 14 of Title 38:

 

·         This section sets the fees the Police Department may charge when a person requests fingerprinting for purposes not related to criminal proceedings.

·         The Police Department seeks to change the fee charged in these circumstances to better reflect increased costs; the fee has not been changed in at least twenty years.

 

 

Subject: 

Opportunity to Comment on Proposed Rule Amendment regarding the issuance of Certificates of Conduct.

Location: 
One Police Plaza 2nd Floor Press Room
New York, NY
Contact: 

Commanding Officer, Legal Bureau
One Police Plaza
Room 1406A
New York, NY 1003 8
(646) 610-5400

Download Copy of Proposed Rule (.pdf):