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Proposed Rules: Closed to Comments

Agency:
Comment By: 
Friday, April 14, 2017
Proposed Rules Content: 

 

Statement of Basis and Purpose 

The Department of Buildings (DOB) is proposing to amend sections 104-05, 104-06, 104-20 and 104-21 of Title 1 of the Rules of the City of New York relating to reinstatement of license, continuing education requirements, and supervisory responsibilities of riggers and sign hangers and to repeal sections 11-01 and 25-01 relating to elevator inspection agencies and climber and tower crane riggers.  

The amendments to sections 104-05, 104-06, 104-20 and 104-21 more accurately reflect the current process for reinstatement of licenses as well as continuing education requirements.  Applicants need to be able to demonstrate employment when not on the payroll of a licensee in order to be reinstated.  The proposed rule spells out what is necessary to provide as proof of employment and complies with a recent New York Supreme Court decision on the subject. 

In addition, the proposed rule requires Construction Superintendents to take an eight (8)-hour course for renewal.  This brings the course requirements in line with section 3301-02 of Title 1 of the Rules of the City of New York.  To keep requirements consistent across disciplines, the proposed rule also requires Site Safety Managers and Site Safety Coordinators to take an eight (8)-hour refresher course. 

Sections 11-01 and 25-01 are being repealed because their provisions have been moved to Chapter 4 of the City Administrative Code. 

The proposed rule also includes minor plain language revisions. 

DOB’s authority for this rule is found in Sections 643 and 1043(a) of the New York City Charter, Sections 28-401.13 and 28-401.14, and Articles 404 and 415 of the City Administrative Code. 

New material is underlined. 

[Deleted material is in brackets.]

 

 

 

 




Subject: 

.

Location: 
Department of Buildings
280 Broadway, 3rd floor conference room
New York, NY 10007
Contact: 

No contact

Proposed Rules: Closed to Comments (View Public Comments Received:2)

Agency:
Comment By: 
Tuesday, January 12, 2016
Proposed Rules Content: 

Statement of Basis and Purpose of Proposed Rule

In 2000, Congress passed the Victims of Trafficking and Violence Prevention Act to encourage victims regardless of immigration status to report crimes and contribute to investigations and prosecutions and to support law enforcement efforts to investigate and prosecute crimes committed against immigrant victims. The law authorized U nonimmigrant status (“U visa”), which can be sought by immigrant victims of certain crimes who previously assisted, are currently assisting, or are likely to be helpful to law enforcement in the investigation or prosecution of the crime. The U visa is issued by the United States Citizenship and Immigration Services (“USCIS”), and once granted it provides these victims with temporary nonimmigrant status so that they can remain in the United States while assisting law enforcement. To be eligible for a U visa, immigrant victims must satisfy several federal statutory requirements, which include a completed law enforcement certification (USCIS Form I-918, Supplement B). Under the law, local law enforcement agencies, such as the New York City Police Department (“NYPD”), have the discretion to approve or deny a certification. The NYPD is committed to serving all communities in the City of New York, especially those vulnerable to victimization, and recognizes the value of completing certifications and supporting immigrant victims of crime who are helpful in investigations or prosecutions. However, USCIS has sole authority to grant immigration benefits, including the U visa. Therefore, an approved and completed certification by the NYPD does not guarantee a U visa or any legal immigration status. The NYPD is proposing the following rule to inform the public about the NYPD’s U visa certification process. The rule: • Directs the manner by which applicants may request U visa certifications, • Provides a timetable within which the NYPD will process such requests, and • Specifies the appeals process for denials of such requests. New material is underlined [Deleted material is in brackets.] “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: 

Police Department U Visa Certification Proposed Rule

Location: 
Auditorium
One Police Plaza First Floor
New York, NY 10038
Contact: 

NYPD Legal Bureau - 646-610-5400

Download Copy of Proposed Rule (.pdf): 

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: 
Tuesday, November 12, 2013
Proposed Rules Content: 

 

 

Statement of Basis and Purpose

 

The City’s M/WBE Program, originally enacted by Local Law 129 (2005), and codified in section 1304 of the New York City Charter and section 6-129 of the Administrative Code (Ad. Code), establishes goals for participation by minority-owned business enterprises (MBEs), women-owned business enterprises (WBEs), and emerging business enterprises (EBEs) as contractors and subcontractors in the categories of construction, standard services, professional services, and goods valued under $1 million. Local Law 129 (2005) also requires the Commissioner to establish and operate, on behalf of the City, a centralized program for the certification of MBEs, WBEs and EBEs for the purposes of establishing the eligibility of such businesses for participation in the programs and processes established pursuant to local law to ensure their meaningful participation in City procurement.

 

Local Law 1 of 2013 amends these provisions by, among other things:

 

  • changing the participation goals for each of the four procurement categories (construction, standard services, professional services, and goods);

 

  • removing the million dollar cap on construction, professional services, and standard services procurements for which a City agency may establish goals;

 

  • lowering the cap from $1 million dollars to $100,000 for goods contracts for which a City agency may establish goals;

 

  • modifying defined terms and adding new defined terms;

 

  • changing the definition of “Graduate MBE and/or WBE” and “Graduate EBE” as well as adding new requirements that during the certification and recertification process, SBS determine whether a firm qualifies as a Graduate MBE, Graduate WBE or Graduate EBE and that SBS implement a process for applicable business entities to challenge such a determination as well as a process for having such a designation lifted;

 

  • adding new division requirements regarding oversight of the M/WBE Program, the provision of technical assistance and the promotion of joint ventures;

 

  • adding a new requirement that SBS perform site visits for at least 5% of new MBE and/or WBE as well as EBE certification applications in a given fiscal year; and

 

  • modifying the criteria and procedures for SBS to utilize in determining whether firms certified as MBEs and/or WBEs by other governmental entities can be recognized as certified business enterprises by the City.

 

The proposed rule amendments to Subchapters B, D and E of Chapter 11 of Title 66 of the Rules implement the above provisions of Local Law 1 of 2013 and conform to the new requirements established by Local Law.

 

In a separate, simultaneously published proposed rule, DSBS is amending the goals in Section 11-61 of Chapter 11 of Title 66 of the Rules of the City of New York to match the new goals established by Local Law 1. The intent of Local Law 1 was to set goals corresponding to the availability of MBEs or WBEs in categories where a significant disparity between availability and utilization was identified in the Disparity Data Analysis. The goal identified by the Analysis for WBEs in the professional services category was 17 percent; however, due to a legislative drafting error, the goal enacted in Local Law 1 was incorrectly listed as 37 percent. To reflect the correct goal of 17 percent for WBEs in the professional services category, the Commissioner will be exercising the authority provided under Ad. Code § 6-129(d)(4) periodically to review the availability and utilization rates for MBEs and WBEs and, where appropriate, to revise the Citywide participation goals set forth in that section. Section 6-129(d)(4) also provides that DSBS submit the results of the review and any proposed revision to the goals to the Speaker of the City Council at least 60 days prior to publishing a rule that would revise the goals. DSBS has already provided the results of the review to the Council, and, as noted above, the Council has included them in the Local Law 1 Committee Report. DSBS has notified the Speaker of the proposed rulemaking and the 60 day period has since elapsed.

 

 

Subject: 

Opportunity to comment on proposed amendments to rules concerning participation by and opportunities for minority-owned, women-owned and emerging business enterprises in City procurement.

Location: 
110 William Street, 4th Floor
New York, NY 10038
Contact: 

Anne Rascon
Deputy Commissioner, Division of Financial and Economic Opportunity
Department of Small Business Services
110 William Street, 2nd Floor
New York, New York 10038

Download Copy of Proposed Rule (.pdf): 

Adopted Rules: Closed to Comments

Adopted Rules Content: 

 

 

Statement of Basis and Purpose

 

The Department of City Planning is amending Title 62 of the Rules of the City of New York pursuant to its authority under Section 1043 of the New York City Charter.

 

The amendment adds a new Chapter 9 to Title 62 in order to establish and clarify procedures and requirements for obtaining certifications for a limited increase in street wall width pursuant to Section 132-51 of Article XIII, Chapter 2 of the New York City Zoning Resolution (Zoning Resolution or ZR). ZR Section 132-51 became effective on June 28, 2012.

 

ZR Section 132-11(b) establishes the location of Special Enhanced Commercial District 2 as designated portions of Amsterdam and Columbus Avenues in the Upper West Side of Manhattan. Pursuant to ZR Section 132-24, within Special Enhanced Commercial District 2, the maximum street wall width of any non-residential ground floor establishment, other than banks or loan offices, shall not exceed 40 feet. However, a certification from the Chairperson of the City Planning Commission may be applied for pursuant to ZR Section 132-51 to exceed the 40-foot maximum street wall width, provided the conditions set forth in the Section are met. In addition, ZR Section 132-51 provides that a certification that has been granted pursuant to that Section will lapse if substantial construction has not been completed within one year of the effective date of the certification.

 

The rule (1) describes the process for the submission and review of applications for certifications to allow a limited increase in street wall width pursuant to ZR Section 132- 51, and (2) clarifies the lapse provision contained within ZR Section 132-51 and the effect of a lapse for the purposes of ZR 132-51(c)(2).

 

1)    Application Process

 

Given that only a limited number of expansions may be available for approval within a particular geographic area, and that multiple applications within a particular geographic area may be simultaneously pending, the rule sets forth procedures to ensure that all applications are reviewed and processed in a predictable, fair and orderly manner. Specifically, the rule requires that:

a)    Draft applications must be submitted for pre-filing review.

b)    Draft applications will be reviewed in order of receipt.

c)    The applicant may only formally file an application upon notification that the draft application is considered complete.

d)    Complete  filed  applications  for  establishments  within  the  same  set  of geographic boundaries will be reviewed in order of application filing date and time.

 

2)    Lapse

 

The rule also describes the effect of a lapse of a certification granted pursuant to ZR Section 132-51, or the lapse of an authorization granted pursuant to ZR Section 132-52, for the purposes of ZR Section 132-51(c)(2). In addition, the rule defines “substantial construction” for the purposes of ZR Section 132-51.

 

 

Effective Date: 
Fri, 11/30/2012

Proposed Rules: Closed to Comments

Agency:
Comment By: 
Wednesday, October 10, 2012
Proposed Rules Content: 

 

 

Statement of Basis and Purpose

 

The Department of City Planning is proposing to amend Title 62 of the Rules of the City of New York pursuant to its authority under Section 1043 of the New York City Charter.

 

The proposed amendment would add a new Chapter 9 to Title 62 in order to establish and clarify procedures and requirements for obtaining certifications for a limited increase in street wall width pursuant to Section 132-51 of Article XIII, Chapter 2 of the New York City Zoning Resolution (Zoning Resolution or ZR). ZR Section 132-51 became effective on June 28, 2012.

 

Zoning Resolution Section 132-51

 

ZR Section 132-11(b) establishes the location of Special Enhanced Commercial District 2 as designated portions of Amsterdam and Columbus Avenues in the Upper West Side of Manhattan. Pursuant to ZR Section 132-24, within Special Enhanced Commercial District 2, the maximum street wall width of any non-residential ground floor establishment, other than banks or loan offices, shall not exceed 40 feet. However, a certification from the Chairperson of the City Planning Commission may be applied for pursuant to ZR Section 132-51 to exceed the 40-foot maximum street wall width, provided the conditions set forth in the Section are met. In addition, ZR Section 132-51 provides that a certification that has been granted pursuant to that Section will lapse if substantial construction has not been completed within one year of the effective date of the certification.

 

Proposed Rule

 

The proposed rule (1) describes the process for the submission and review of applications for certifications to allow a limited increase in street wall width pursuant to ZR Section 132-51, and (2) clarifies the lapse provision contained within ZR Section 132-51 and the effect of a lapse for the purposes of ZR 132-51(c)(2).

 

1) Application Process

 

Given that only a limited number of expansions may be available for approval within a particular geographic area, and that multiple applications within a particular geographic area may be simultaneously pending, the rule sets forth procedures to ensure that all applications are reviewed and processed in a predictable, fair and orderly manner. Specifically, the proposed rule requires that:

a)    Draft applications must be submitted for pre-filing review.

b)    Draft applications will be reviewed in order of receipt.

c)    The applicant may only formally file an application upon notification that the draft application is considered complete.

d)    Complete filed applications for establishments within the same set of geographic boundaries will be reviewed in order of application filing date and time.

 

2)    Lapse

 

The proposed rule also describes the effect of a lapse of a certification granted pursuant to ZR Section 132-51, or the lapse of an authorization granted pursuant to ZR Section 132-52, for the purposes of ZR Section 132-51(c)(2). In addition, the proposed rule defines “substantial construction” for the purposes of ZR Section 132-51.

 

 

Subject: 

Opportunity to comment on proposed Department of City Planning rule concerning applications for certification for limited increases in maximum frontage limits in the Upper West Side Enhanced Commercial District

Location: 
3rd Floor Conference Room
22 Reade Street
New York, NY 10007
Contact: 

Barak Wrobel,
22 Reade Street, New York, NY 10007.
bwrobel@planning.nyc.gov

Download Copy of Proposed Rule (.pdf): 

Proposed Rules: Closed to Comments

Agency:
Comment By: 
Thursday, February 21, 2013
Proposed Rules Content: 

 

 

Statement of Basis and Purpose of Rule

 

 

On December 13, 2012, the TLC promulgated rules for the Authorization of TPEP Providers, which contained requirements that TPEP Providers must meet in order to be authorized to sell, lease, make available for use, install, service, and repair TPEP Systems in Taxicabs. These proposed rules establish the information security standards that said TPEP Systems must meet in order to be approved by the Commission for sale, lease, or use in Taxicabs.

 

The proposed rules require that the TPEP Data collected, transmitted, processed, maintained and stored by all TPEP Providers and their employees, agents and subcontractors must be safeguarded to provide:

 

  1. a secure medium for the TPEP Data and TPEP system components,
  1. protection of personal information of the TPEP Provider and subcontractor employees, and
  1. protection of personal information of members of the riding public who pay by credit, debit or prepaid card.

 

The proposed rules require that the TPEP Provider:

 

  • Establishes policies for information security, authentication, remote access, anti-virus security, application development security, digital media re-use and disposal, encryption, passwords, user responsibilities, and vulnerability management;

 

  • Complies with copyrights and develops appropriate controls and procedures to protect the Database Management Systems;

 

  • Limits access to TPEP Data, by providing safeguards such as firewalls and fraud prevention;

 

  • Maintains the confidentiality of personal information; and

 

  • Develops controls for network management and procedures for security incident management.

 

The Commission’s authority for this rules change is found in section 2303 of the New York City

Charter and section 19-503 of the New York City Administrative Code.

 

 

Subject: 

The Taxi and Limousine Commission is considering changing its rules. The change would create a new chapter, Chapter 76, setting forth Information Security Standards for Authorized Taxicab Technology System (“TPEP”)1 Service Providers.

Location: 
33 Beaver Street, Commission hearing room, 19th Floor
New York, NY 10004
Contact: 

Taxi and Limousine Commission, Office of Legal Affairs, 33 Beaver Street – 22nd Floor, New York, New York 10004

Download Copy of Proposed Rule (.pdf):