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Adopted Rules: Closed to Comments

Adopted Rules Content: 

 

STATEMENT OF BASIS AND PURPOSE

 

Under article 105 of title 28 of the New York City Administrative Code, a written permit is required to conduct work in connection with any building, structure, sign, service equipment, or gas, mechanical, plumbing or fire suppression system in the city.  The permit requirement is subject to certain exemptions as stated in section 28-105.4, including exemptions for “categories of work as described in department rules, consistent with public safety.” 

Under Article 213, the New York City Department of Buildings (“Department”) must impose a civil penalty for work without a permit and adopt a rule describing the procedure for the assessment of such penalties.  Such civil penalty is in addition to the penalties authorized under article 202 of the New York City Administrative Code.  Section 28-213.2 also provides that a waiver or reduction of the penalty is available, pursuant to Department rules, to a subsequent bona fide purchaser of a building on which work without a permit was performed.  The proof needed to show that an owner is a subsequent bona fide purchaser is further explained in this rule.

Under article 207, the Commissioner of the Department may issue a “stop work order” if building work is being performed in violation of applicable laws and rules or in a dangerous or unsafe manner.  Under section 28-207.2.3, the Commissioner may rescind a stop work order under certain circumstances, including following the payment of civil penalties, or where the stop work order should not have been issued. 

Section 1 of the rule repeals the existing civil penalties rule, which has been superseded in part by the Administrative Code and no longer reflects current practice. 

Section 2 of the rule sets forth:

  • When payment of a civil penalty for work without a permit or violation of a stop work order is required
  • How civil penalties for work without a permit are assessed
  • Requirements and procedures for overrides, waivers, and/or reductions of a civil penalty for work without a permit or violation of a stop work order
  • Requirements for a refund of the payment of such civil penalty

 

Effective Date: 
Sat, 02/22/2014

Proposed Rules: Closed to Comments

Agency:
Comment By: 
Friday, January 10, 2014
Proposed Rules Content: 

  

STATEMENT OF BASIS AND PURPOSE

 

 Under article 105 of title 28 of the New York City Administrative Code, a written permit is required to conduct work in connection with any building, structure, sign, service equipment, or gas, mechanical, plumbing or fire suppression system in the city.  The permit requirement is subject to certain exemptions as stated in section 28-105.4, including exemptions for “categories of work as described in department rules, consistent with public safety.” 

Under Article 213, the New York City Department of Buildings (“Department”) must impose a civil penalty for work without a permit and adopt a rule describing the procedure for the assessment of such penalties.  Such civil penalty is in addition to the penalties authorized under article 202 of the New York City Administrative Code.  Section 28-213.2 also provides that a waiver or reduction of the penalty is available, pursuant to Department rules, to a subsequent bona fide purchaser of a building on which work without a permit was performed.  The proof needed to show that an owner is a subsequent bona fide purchaser is further explained in this rule.

Under article 207, the Commissioner of the Department may issue a “stop work order” if building work is being performed in violation of applicable laws and rules or in a dangerous or unsafe manner.  Under section 28-207.2.3, the Commissioner may rescind a stop work order under certain circumstances, including following the payment of civil penalties, or where the stop work order should not have been issued. 

Section 1 of the proposed rule repeals the existing civil penalties rule, which has been superseded in part by the Administrative Code and no longer reflects current practice. 

Section 2 of the proposed rule sets forth:

  • When payment of a civil penalty for work without a permit or violation of a stop work order is required
  • How civil penalties for work without a permit are assessed
  • Requirements and procedures for overrides, waivers, and/or reductions of a civil penalty for work without a permit or violation of a stop work order
  • Requirements for a refund of the payment of such civil penalty

 

Subject: 

.Civil Penalties for Certain Violations

Location: 
Auditorium
125 Worth Street 2nd floor
New York, NY 10013
Contact: 

No contact

Download Copy of Proposed Rule (.pdf): 

Adopted Rules: Closed to Comments

Adopted Rules Content: 

 

 

Statement of Basis and Purpose

 

This rule is promulgated pursuant to the authority of the Commissioner of Buildings under Sections 643 and 1043(a) of the New York City Charter and section 28-216.12 of the New York City Administrative Code.

 

Section 28-216.12.1 of the Administrative Code created a requirement that potentially structurally compromised buildings be inspected regularly by a registered design professional.

 

Pursuant to Section 28-216.12.1, this rule:

 

          adds a filing fee for required reports of compromised buildings;

          expands on the definition of "potentially compromised" in section 28-216.12;

          specifies the inspection requirements for potentially structurally compromised buildings;

          sets out the items that need to be included in the inspection report; and

          creates civil penalties for failure to file a report.

 

 

Effective Date: 
Wed, 07/24/2013

Proposed Rules: Closed to Comments

Agency:
Comment By: 
Monday, May 13, 2013
Proposed Rules Content: 

 

 

Statement of Basis and Purpose

 

 

This rule is proposed pursuant to the authority of the Commissioner of Buildings under Sections 643 and 1043(a) of the New York City Charter and section 28-216.12 of the New York City Administrative Code.  

Section 28-216.12.1 of the Administrative Code created a requirement that potentially structurally compromised buildings be inspected regularly by a registered design professional.  

Pursuant to Section 28-216.12.1, this proposed rule would do the following: 

  • add a filing fee for required reports of compromised buildings;
  • expand on the definition of “potentially compromised” in section 28-216.12;
  • specify the inspection requirements for potentially structurally compromised buildings;
  • set out the items that need to be included in the inspection report; and
  • create civil penalties for failure to file a report. 

 

Subject: 

Opportunity to comment of proposed rule relating to potentially structurally compromised buildings

Location: 
Department of Buildings
280 Broadway 3rd Floor
New York, NY 10007
Contact: 

Timothy D Lynch, P.E.
Executive Director
Forensic Engineering Unit
Department of Buildings
280 Broadway, 4th Floor New York, NY 10007