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Adopted Rules: Closed to Comments

Adopted Rules Content: 

Statement of Basis and Purpose

The rule:

  • relocates the Department of Buildings (DOB) Penalty Schedule from the Office of Administrative Trials and Hearings Environmental Control Board (OATH ECB) rules in Chapter 3 of Title 48 of the Rules of the City of New York to DOB’s rules in Chapter 100 of Title 1 of the Rules of the City of New York;
  • updates the schedule as needed to reflect recently adopted rules;
  • provides clearer and more concise language; and
  • reduces default penalties upon proof of compliance with applicable law.

Although OATH ECB is empowered to impose penalties under the New York City Charter and has until now promulgated penalty schedules, the enforcement agencies have the expertise to recommend appropriate penalties based on the severity of each violation and its effect on City residents. Moving the penalty schedule will also make 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 relocation will speed up the rulemaking process by eliminating the need for OATH ECB approval of proposed or amended penalties for agency rules that have already gone through the City Administrative Procedure Act (CAPA) rulemaking process.  The public will still have the opportunity to comment on proposed penalties during this process.

The schedule has also been updated to add new penalties amounts for violations of the Energy Conservation Code (“ECC”), which can be found in Chapter 10 of Title 28 of the New York City Administrative Code. The penalty amounts range from $300 to $10,000. 

Working with the City’s rulemaking agencies, the Law Department, OMB, and the 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of Operations conducted a retrospective rules review of the City’s existing rules, identifying those rules that will be repealed or modified to reduce regulatory burdens, increase equity, support small businesses, and simplify and update content to help support public understanding and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 meets the criteria for this initiative.

DOB’s authority for these rules is found in Sections 643 and 1043(a) of the New York City Charter.

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Effective Date: 
Wed, 05/10/2017

Proposed Rules: Closed to Comments

Agency:
Comment By: 
Friday, August 19, 2016
Proposed Rules Content: 


Statement of Basis and Purpose 

The proposed rule amends 1 RCNY §102-01 by adding five new infractions and updating two others.  The addition of 1 RCNY § 3301-02, which went into effect on May 30, 2016, created the new violations.  In addition, unrelated to 1 RCNY § 3301-02, the Department of Buildings seeks to clarify two existing violations by amending their sections of law and violation descriptions.  These violations relate to:

  • The failure to designate or have a Construction Superintendent, Site Safety Manager, or Site Safety Coordinator at the job site;
  • The failure to conduct a site-specific safety orientation program for all workers;
  • Construction Superintendents’ failure to immediately notify the Department of conditions listed in § 3310.8.2.1 of the New York City Building Code;
  • Construction Superintendents’ failure to meet the required qualifications for registration as Construction Superintendents;
  • Construction Superintendents’ failure to perform their duties.

 The Department of Buildings’ authority for these rules is found in Section 643 and 1043(a) of the New York City Charter and section 28-201.2 of the Administrative Code of the City of New York.

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Subject: 

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

No contact

Proposed Rules: Closed to Comments

Agency:
Comment By: 
Thursday, March 24, 2016
Proposed Rules Content: 

Statement of Basis and Purpose of Proposed Rule 

 

In order to encourage swift and decisive compliance with safety-related orders and other laws and rules at construction sites, the Department of Buildings is proposing to add two new violation classifications and to amend another. The new classifications will enable the Department to ensure public safety and more effectively enforce the laws, rules and Commissioner's orders related to the safe operation of construction equipment. The Department also seeks to amend one violation section and description by deleting a reference to a section that was repealed by Local Law 33 of 2007 and by clarifying two words that had been abbreviated. 

The Department of Buildings’ authority for these rules is found in sections 643 and 1043 of the New York City Charter and section 28-201.2 of the New York City Administrative Code. 


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Subject: 

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

No contact

Proposed Rules: Closed to Comments

Agency:
Comment By: 
Wednesday, March 25, 2015
Proposed Rules Content: 

 

Statement of Basis and Purpose

 

 

Local Law 141 of 2013, which went into effect on December 31, 2014, amends the Administrative Code of the City of New York, the New York City Plumbing Code, the New York City Building Code, the New York City Mechanical Code and the New York City Fuel Gas Code. 

  

Local Law 141 amended some requirements, added new requirements and renumbered existing sections of the affected codes. The proposed amendments to 1 RCNY § 102-01 add certain new violations contained in the NYC Construction Codes and Zoning Resolution, some of which were created by the enactment of Local Law 141. In addition, unrelated to Local Law 141, the Department of Buildings seeks to clarify existing violations in its rules by amending their sections of law and violation descriptions. These violations relate to:

   

  • the requirement to obtain a service equipment Certificate of Compliance prior to operation;
  • the operation, maintenance, testing, and inspection of elevators and conveying systems, and the provision of notice when an elevator will be out of service due to repair work;
  • the tampering, removing or defacing of a Stop Work Order or Vacate Order prior to its rescission by the Commissioner;
  • failing to obey a Vacate Order;
  • failing to conduct or file a final inspection of permitted work with the Department of Buildings; and
  • damaging or removing trees in a Special Natural Area District without certification, authorization or special permit.

 
The Department of Buildings’ authority for these rules is found in sections 643 and 1043 of the New York City Charter
and sections 28-201.2, 28-201.2.1, 28-201.2.2, and 28-202.1 of the New York City Administrative Code.

 

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

No contact

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

Agency:
Comment By: 
Wednesday, July 23, 2014
Proposed Rules Content: 

 

 

Statement of Basis and Purpose of Proposed Rule

 

Local Law 141, which goes into effect on October 1, 2014, amends the Administrative Code of the City of New York, the New York City Plumbing Code, the New York City Building Code, the New York City Mechanical Code and the New York City Fuel Gas Code to bring these codes up to date with the 2009 editions of the International Building, Mechanical, Fuel Gas and Plumbing Codes. 

 

Local Law 141 amended some requirements, added new requirements and renumbered existing sections of the affected codes. The amendments to rule 102-01 address the changes enacted by Local Law 141 by adding 2014 code sections and descriptions to the table of classifications and deleting some classifications that are not used or that could be combined with existing descriptions.

 

Subject: 

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

No contact

Download Copy of Proposed Rule (.pdf): 

Adopted Rules: Closed to Comments

Adopted Rules Content: 

 

                                                             Statement of Basis and Purpose

Existing rule 1 RCNY 104-24 contains a typographical error, which is misleading in terms of setting forth the requirements necessary to seek class 2 filing representative status, beginning May 1, 2014.

This error implies that such applicants need only provide proof of educational requirements “or” training requirements when, in fact, it has always been the intent of DOB that such applicants provide proof of both educational and training requirements.

Therefore, we are amending this rule in order to correct such typographical error.

As a reminder, “Class 2 registered filing representatives (also referred to as “code and zoning representatives”) may, following registration and issuance of an identification card, perform all of the activities of a class 1 registered filing representative and may also appear before and attend appointments with plan examiners and other department technical staff regarding construction document approvals, including, but not limited to, plan review, audit review, pre-determinations, and determinations.”

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Clause (B) of subparagraph (i) of paragraph (2) of subdivision (g) of Section 104-24 of Chapter 100 of Title 1 of the Rules of the City of New York is amended to read as follows:

(B)       A four (4) year degree in another field from an accredited college, and proof of two (2) years as a registered filing representative with the department with at least fifty (50) jobs filed within four (4) years of application for class 2 filing representative status[; or].

 

Effective Date: 
Wed, 05/07/2014

Proposed Rules: Closed to Comments

Agency:
Comment By: 
Monday, May 5, 2014
Proposed Rules Content: 

 

Statement of Basis and Purpose

Existing rule 1 RCNY 104-24 contains a typographical error, which is misleading in terms of setting forth the requirements necessary to seek class 2 filing representative status, beginning May 1, 2014.

This error implies that such applicants need only provide proof of educational requirements “or” training requirements when, in fact, it has always been the intent of DOB that such applicants provide proof of both educational and training requirements.

Therefore, it is proposed to amend this rule in order to correct such typographical error.

As a reminder, “Class 2 registered filing representatives (also referred to as “code and zoning representatives”) may, following registration and issuance of an identification card, perform all of the activities of a class 1 registered filing representative and may also appear before and attend appointments with plan examiners and other department technical staff regarding construction document approvals, including, but not limited to, plan review, audit review, pre-determinations, and determinations.”

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Clause (B) of subparagraph (i) of paragraph (2) of subdivision (g) of Section 104-24 of Chapter 100 of Title 1 of the Rules of the City of New York is amended to read as follows:

(B) A four (4) year degree in another field from an accredited college, and proof of two (2) years as a registered filing representative with the department with at least fifty (50) jobs filed within four (4) years of application for class 2 filing representative status[; or].

Subject: 

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Contact: 

No contact

Adopted Rules: Closed to Comments

Adopted 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 sections 28-401. 7 and 28-401.8 of the New York City Administrative Code.

 

Currently, the Department of Citywide Administrative Services administers examinations and conducts investigations for most licenses. The Department of Buildings will be taking over the examinations and investigations for those licenses it issues. This rule sets out the fees for these examinations and investigations.

 

Effective Date: 
Sun, 12/16/2012

Adopted Rules: Closed to Comments

Adopted Rules Content: 

 

 

Statement of Basis and Purpose

 

These rule amendments are pursuant to the authority of the Commissioner of Buildings under sections 643 and 1043(a) of the New York City Charter and sections 28-201.2, 28-201.2.1, and 28-202.1 of the New York City Administrative Code, and in accordance with section 28-210.3 of the Administrative Code.

 

Local Law 45 of 2012 makes it illegal to use, occupy, convert, or offer or permit the use of a permanent residential apartment space for other than permanent residence purposes. Such illegal uses include but are not limited to converting a permanent residence into a short-stay hotel room. Local Law 45 also directs that illegal conversions that involve more than one residential unit or a second or subsequent violation by the same person at the same unit or multiple dwelling are to be classified as immediately hazardous (Class 1) violations.

 

The amendments:

 

  • Add two new entries for violations of section 28-210.3: the first classifies a violation involving more than one unit or a second or subsequent violation as an immediately hazardous (Class 1) violation; the second classifies a first violation involving one dwelling unit as a major (Class 2) violation.

 

  • Add a new, additional daily penalty for Class 1 violations of section 28-210.3.

 

 

Effective Date: 
Fri, 03/29/2013

Adopted Rules: Closed to Comments

Adopted Rules Content: 

 

 

Statement of Basis and Purpose of Adopted Rule

 

The following rule is promulgated pursuant to the authority of the Commissioner of Buildings under Sections 643 and 1043 of the New York City Charter.

 

In promulgating this rule, the Commissioner is exercising the authority set forth in Section 28-416.3 of Article 416 of the New York City Administrative Code, which states, "The commissioner shall promulgate rules for the proper and efficient administration and enforcement of this article. Unless required by rule, a registered filing representative shall not be required to take an examination or to complete continuing education courses as a condition for renewal of the registration." This authority is being exercised at this time to meet the needs of the construction industry and the Department for qualified registered filing representatives.

 

The construction industry, including architects, engineers, contractors and owners, often use the services of registered filing representatives to present, submit, furnish and/or seek approval of applications or construction documents, and to remove documents from the possession of the Department of Buildings ("DOB"). These construction documents are then reviewed by DOB plan examiners and/or other DOB technical staff who may issue objections if the construction documents do not comply with the Construction Codes, zoning or other applicable laws, or other relevant rules or requirements. These objections should be addressed by persons with some threshold knowledge of the construction documents and the applicable procedures and requirements. Sometimes the person who presents, submits, or furnishes the documents is not qualified or prepared to address the objections issued by the plan examiner or other technical staff. In such instances, the approval process is delayed.

 

To eliminate this problem and ensure the efficient processing of construction documents, DOB is adopting a rule that creates training, education, filing experience and continuing education requirements for registered filing representatives. These requirements will create two classes of registered filing representative:

  • Class 2 Registered Filing Representatives, who will be permitted to present, submit, furnish or seek approval of applications or construction documents, and remove documents from the possession of DOB, and who will be qualified to meet with plan examiners and other technical staff to address objections; and,
  • Class 1 Registered Filing Representatives, who will be limited to presenting, submitting, furnishing or seeking approval of applications or construction documents, and removing documents from the possession of DOB.

 

By creating these two classes of registered filing representatives, the rule will:

  • Assist the Department, the construction industry, and the public in identifying qualified individuals to support their filings; and
  • Expedite the approval process by ensuring that only qualified registered filing representatives appear before plan examiners and other technical staff to address objections.

 

For those individuals who do not have the academic requirements to qualify for class 2 status, the rule provides a two-month window of opportunity (May 1- June 30, 2013) in which such individuals will be eligible to register as class 2 representatives based solely on their years as a registered filing representative with DOB and number of jobs filed with DOB.

 

The rule also restates the existing fee structure set forth in Section 28-401.15 of Article 401 of the New York City Administrative Code to align with the triennial filing representative registration term.

 

In addition, the rule amends Section 104-03 of the Rules of the City of New York to provide that, beginning July 1, 2014, the term of a filing representative's registration will be three years, beginning on the applicant’s birthday following the date of registration, and that the registration may be renewed for terms of three years. Section 104-03 is also being amended to clarify that the term of a general contractor registration is three years, beginning on the applicant's birthday following the date of registration, and that the term of a master electrician or special electrician license is one year, beginning on the applicant's birthday following the date of issuance.

 

A public hearing on this rule was held on October 4, 2012. In response to comments received, the Department has made the following changes and clarifications to the following provisions of the rule:

  • Subdivision (a) of Section 104-24: added a reference to Section 28-416.2 of the New York City Administrative Code, which sets forth a list of persons exempt from filing representative registration.
  • Subdivision (b)(3) of Section 104-24: added a definition of the term "Job."
  • Subdivision (c) of Section 104-24: clarified who constitutes "department technical staff."
  • Subdivision (d) of Section 104-24: added a requirement that beginning May 1, 2013, those seeking class 1 filing representative status must complete a department-approved, integrity training prior to registration.
  • Subdivision (f) of Section 104-24: clarified when a class 2 representative can appear/attend appointments at the NYC Development Hub.
  • Subdivision (g) of Section 104-24: eased the registration requirements for class 2 applicants and made changes to dates at which the new requirements will begin to apply:
    • The final rule does not require the completion of a thirty-six hour training course until 2014. The proposed rule required completion of such course by 2013.
    • The final rule imposes certain registration requirements beginning May 1, 2013, while the proposed rule imposed them beginning on April 1, 2013. This change was made to conform with Section 28-401.12 of the New York City Administrative Code, which states that applications for renewals of licenses shall be made no more than 60 calendar days prior to the expiration date of such license.
    • Subdivision (g)(1 )(i)(B) & (g)(2)(i)(B) of Section 104-24: For applicants submitting proof of a four year degree other than in Architecture or Engineering, the final rule lessened the requirements from 4 years of filing experience with at least 100 jobs within 6 years of application for registration, to 2 years as a registered filing representative with at least 50 jobs within 4 years of application for class 2 filing representative status.
    • Subdivision (g)(1 )(i)(C) of Section 104-24: During the two-month window for registration without submission of proof of academic degree, the final rule lessened requirements from 8 years of filing experience with at least 200 jobs within 10 years of application for registration, to 4 years as a registered filing representative with at least 125 jobs within 8 years of application for class 2 filing representative status. The time period for such registration was also changed from April 1 - June 1, 2013 to May 1- June 30, 2013.
  • Subdivision (h) of Section 104-24: separated class 2 filing representative renewal requirements into 2 parts:
    • Beginning July 1, 2014, during the one (1) year immediately prior to renewal, a class 2 registered filing representative must complete an integrity training and the thirty-six- (36) hour training course.
    • Beginning July 1, 2017, during the three (3) years immediately prior to renewal, a class 2 registered filing representative must complete an integrity training and a sixteen- (16) hour, Department-approved, refresher course.
  • Subdivision (h) of Section 104-03: lessened the fee for changing from a class 1 representative to a class 2 representative, from a $150 registration fee to a $50 reissuance fee.

 

 

Effective Date: 
Sun, 04/14/2013

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