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Proposed Rules: Closed to Comments

Agency:
Comment By: 
Monday, August 26, 2019
Proposed Rules Content: 

Statement of Basis and Purpose 

The proposed rule updates the DOB Penalty Schedule in order to reflect amendments to Administrative Code § 28-203.1 made in Local Law 203 of 2017, which enacted minimum penalties for immediately hazardous violations and major violations of Article 110 of Chapter 28 of the Administrative Code or Chapter 33 of the New York City Building Code.  The proposed rule also corrects typographical errors relating to citations to Administrative Code § 28-217.1.6 and Building Code § 3012.1. Finally, the rule adds one immediately hazardous violation relating to Administrative Code § 28-401.16, which sets forth restrictions on the use of licenses issued by DOB. 

DOB’s authority for this rule is found in Sections 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.

New material is underlined.

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Subject: 

.

Location: 
Department of Buildings
280 Broadway, 5th floor conference room
New York , NY 10007
Contact: 

No contact

Download Copy of Proposed Rule (.pdf): 

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

Adopted Rules: Closed to Comments

Adopted Rules Content: 

 

Local Law 52 of 2014 changed the effective dates of amendments of the New York City Construction Codes pursuant to Local Law 141 of 2013 and certain other local laws from October 1, 2014 to December 31, 2014.   

 

By rule effective December 19, 2014 (see rule titled “Amendment to Change Effective Date of Miscellaneous Rules Related to 2014 Construction Codes”), the Department of Buildings amended the effective date of rules that were previously adopted pursuant to the 2014 NYC Construction Codes to conform them to the new effective date of the code (December 31, 2014). 

 

Therefore, this rule went into effect on December 31, 2014, not October 1, 2014. 

 

 

 

 

Statement of Basis and Purpose of 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.


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, and 28-202.1 of the New York City Administrative Code.

 

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Effective Date: 
Wed, 12/31/2014

Proposed Rules: Closed to Comments

Agency:
Comment By: 
Thursday, November 14, 2013
Proposed Rules Content: 

 

 

Statement of Basis and Purpose

 

This rule amendment 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 28-201 .2, 28-201.2 .1, and 28-202.1 of the New York City Administrative Code.

 

On July 1, 2013, the Mayor signed Local Law 47 of 2013. This law requires contractors and building owners to consolidate required construction signage and permits into a single new standard in order to provide information that is more useful to the public and minimize the visual clutter of signage at construction sites.

 

The law repeals existing Section 3301.9 of the New York City Building Code, pertaining to required signage, and replaces it with a new Section 3301.9, detailing requirements for signs to be posted at construction or demolition sites.

 

The law also amends Section 3307.6.4 of the Building Code to require sidewalk sheds erected after July 1, 2013 to be painted hunter green and adds that same requirement for fences in Section 3307 .7.2.

 

In order to enforce the new requirements under Sections 3301.9, 3307.1 and 3307.7, the proposed rule will modify the following existing violations:

 

  • 1 RCNY 27-03/Section 3307.1.1 (Building Code): "Prohibited sign on sidewalk shed or construction fence" will now reference only Section 3307 .1.1 and read "Prohibited Outdoor Advertising Company sign on sidewalk shed or construction fence."

 

  • Section 28-105.11 of the Administrative Code: "Failure to post permit for work at premises" will now read "Failure to post or properly post permit for work at premises."

 

  • Section 3301.9 (Building Code)/Section 27-1009(c) (Admin Code): "Failure to provide/post sign(s) at job site pursuant to subsection" will delete the reference to Section 27-1009(c) and will now read "Project Information Panel/Sidewalk Shed Parapet Panel/Construction Sign not provided or not in compliance with section."

 

  • Section 3307.6 (Building Code)/Section 27-1021 (Admin Code): "Sidewalk shed does not meet code specifications" will delete the references to Section 27-1021 and Building Code Section 3307.6, will now reference Section 3307.1 of the Building Code, and will read "Pedestrian protection does not meet code specifications."

 

  • Section 3307.7 (Building Code)/Section 27-1021 (c) (Admin Code): "Job site fence not constructed pursuant to subsection" will delete the reference to Section 27-1021(c) and will now read "Job site fence not constructed or maintained pursuant to subsection."

 

In order to enforce the requirement that sidewalk sheds be hunter green in Section 3307.6.4 of the Building Code and to enforce the prohibition on the placement of unlawful signs on protective structures set out in Section 3707.1 .1 of the Building Code, the proposed rule amendment will add the following new violations:

 

  • A class 2 violation of Section 3307 .1.1 of the Building Code: "Posting of unlawful signs, information, pictorial representation, business or advertising messages on protective structures."

 

  • A class 2 violation of Section 3307.6.4 of the Building Code: "Sidewalk shed does not meet color specification."

 

In order to effectively enforce the requirement under Section 3307 .3 of the Building Code, that construction and demolition sites have pedestrian protection for sidewalks and walkways, the proposed rule will make the following additional changes:

 

  • Section 3307.3.1 (Building Code)/27-1021(a) (Admin Code): This charge is being deleted and will be replaced by the new Section 3307.3 charge listed below.

 

  • A Class 1 violation of Section 3307.3 of the Building Code: "Failure to provide pedestrian protection for sidewalks and walkways." This charge replaces and expands the current charge under Section 3307.3.1/Section 27-1021(a), which is being deleted. While this change is not strictly necessary to implement Local Law 4 7, it is being made because the current charge only addresses the failure to provide sidewalk shed protection. However, there may be instances where there is a failure to provide other types of pedestrian protection (not just sidewalk sheds) and this expanded charge will allow the Department to address that.

 

 

Subject: 

Opportunity to comment on proposed rule amendments to subdivision j of section 102-01 of chapter 100 of title 1 of the Rules of the City of New York, relating to the classification of violations for project information panels and construction signs.

Location: 
Note: Change of venue
49-51 Chambers Street
New York, NY 10007
Contact: 

Deborah Glikin
Assistant General Counsel
New York City Department of Buildings
280 Broadway, 7th floor
New York, NY 10007

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