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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.”

New material is underlined.
[Deleted material is in brackets.]

 

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].

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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

Adopted Rules: Closed to Comments

Adopted Rules Content: 



 Click here (.pdf) for the complete text of the adopted rule.



Effective Date: 
Sun, 02/12/2012

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