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Proposed Rules: Closed to Comments

Agency:
Comment By: 
Tuesday, August 15, 2017
Proposed Rules Content: 

 

 

Statement of Basis and Purpose of Proposed Rule

 

The Fire Department is proposing to amend existing rules 3 RCNY §§ 109-01 and 109-02 to reflect changes in the administrative body that adjudicates most Fire Department violations and to the name of the violation form returnable to that body. The Fire Department is also proposing to adopt a penalty schedule as a new Fire Department rule, 3 RCNY §109-03.

 

The Fire Department is responsible for enforcing the New York City Fire Code (FC) (Title 29 of the Administrative Code); Title 15 of the Administrative Code (Fire Prevention and Control); the New York City Construction Codes (Title 28 of the Administrative Code); and the rules promulgated by the Department and codified in Title 3 of the Rules of the City of New York (“RCNY”).

 

The Fire Department conducts enforcement by, among other things, issuing “FDNY Summonses” to people and businesses that violate the above laws and rules. FDNY Summonses are returnable to the New York City Office of Administrative Trials and Hearings (“OATH”) acting pursuant to Section 1049-a of the New York City Charter, which relates to the Environmental Control Board (“ECB”). In 2008, ECB became part of OATH.  The new procedural rules of OATH’s Hearings Division, found in Chapter 6 of the Rules of the City of New York, use the term “Summons” rather than “Notice of Violation.”

 

Accordingly, to reflect the changes described above, the Fire Department now proposes conforming amendments to Sections 109-01 and 109-02 of its rules.

 

Additionally, the Fire Department’s penalty schedule used in the adjudication of agency violations, which defines the penalties associated with each type of violation of the above laws and rules, will now be included in the Fire Department’s rules. The Department’s penalty schedule is currently promulgated as part of the OATH rules, and that rule will be repealed by OATH simultaneous with the Fire Department’s adoption of this rule.

 

The enforcement agencies possess the expertise to adopt appropriate penalties based upon the severity of each violation and its corresponding impact on public safety.  Making the penalty schedule part of the issuing agency’s rules will make it more accessible to the public as it will now be located in the same title and chapter as the rules cited in the FDNY Summonses.

 

Accordingly, the Fire Department hereby proposes adoption of a new rule, 3 RCNY §109‑03, which sets forth a penalty schedule for FDNY Summonses.  The proposed penalty schedule is unchanged from the existing penalty schedule, which is currently codified as 48 RCNY §3‑106 of OATH rules, except that the violation categories for flashback arrestor, backflow valves and gas boosters (BF34) and for cryogenic fluids (BF36) have been eliminated.  Such violations will be integrated into the applicable Violation Categories in a separate rulemaking.

 

The Fire Department’s proposed adoption of the penalty schedule is being undertaken in conjunction with OATH’s proposed repeal of the existing penalty schedule.

 

Text that has been deleted is indicated by [brackets].  Text that has been added is underlined.

 

“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: 

Amendments to 3RCNY Section 109-01: FDNY Summons, Certification of Correction and Stipulation Procedures
Amendments to 3RCNY Section109-02: Consolidation of Administrative Code Provisions For Enforcement Purposes
Propose New Rule 3RCNY Section 109-03: Penalty Schedule For FDNY Summonses

Location: 
FDNY Headquarters Auditorium
9 MetroTech Ctr
Brooklyn, NY 11201
Contact: 

No contact

Adopted Rules: Closed to Comments

Adopted Rules Content: 

Statement of Basis and Purpose of Rule

 

Section 16-130(b) of the Administrative Code of the City of New York authorizes the Sanitation Commissioner to establish one or more classes of permits for solid waste facilities that receive, process, and store materials consisting of solid waste and recyclable materials.  In addition, section 16-463 authorizes broad oversight over recycling processing facilities that handle paper and cardboard, metal, glass and plastic, as well as scrap metal, including refrigerant containing items. Some facilities operating in New York City limit their operations to the receipt, process and storage of recyclable materials. 

 

 

Currently, recycling processing facilities are either registered or permitted by the New York State Department of Environmental Conservation as source-separated non-putrescible solid waste recycling recovery facilities or licensed by the New York City Department of Consumer Affairs as scrap metal processors.  A recycling processing facility is defined as a facility where recyclable materials, other than organic waste, are delivered separately from solid waste or where source-separated recyclable materials, other than organic waste, are processed for the purpose of reuse or sale. Section 16-463 authorizes the Department to provide broad oversight of facilities that handle such materials and to promulgate rules that regulate such facilities. 

 

This rule requires recycling processing facilities to register with the Department and allow for the inspection of site operations to ensure that recyclable materials are effectively processed and accurate records are maintained to capture the flow of recyclable materials handled and processed within the facility.  To further this goal, recycling processing facilities will be required to submit quarterly reports to the Department summarizing the handling of such materials within the target period.  This will allow the Department to more accurately determine the recycling diversion rate within New York City. 

 

 

 

DSNY’s authority for these rules is found in sections 753 and 1043(a) of the New York City Charter and sections 16-130 and 16-463 of the New York City Administrative Code.

Effective Date: 
Mon, 10/24/2016

Proposed Rules: Closed to Comments (View Public Comments Received:4)

Agency:
Comment By: 
Thursday, June 16, 2016
Proposed Rules Content: 

Statement of Basis and Purpose of Proposed Rule

 

Section 16-130(b) of the Administrative Code of the City of New York authorizes the Sanitation Commissioner to establish one or more classes of permits for solid waste facilities that receive, process, and store materials consisting of solid waste and recyclable materials.  In addition, section 16-463 authorizes broad oversight over recycling processing facilities that handle paper and cardboard, metal, glass and plastic, as well as scrap metal, including refrigerant containing items. Some facilities operating in New York City limit their operations to the receipt, process and storage of recyclable materials. 

 

 

Currently, recycling processing facilities are either registered or permitted by the New York State Department of Environmental Conservation as source-separated non-putrescible solid waste recycling recovery facilities or licensed by the New York City Department of Consumer Affairs as scrap metal processors.  A recycling processing facility is defined as a facility where recyclable materials, other than organic waste, are delivered separately from solid waste or where source-separated recyclable materials, other than organic waste, are processed for the purpose of reuse or sale. Section 16-463 authorizes the Department to provide broad oversight of facilities that handle such materials and to promulgate rules that regulate such facilities. 

 

This rule requires recycling processing facilities to register with the Department and allow for the inspection of site operations to ensure that recyclable materials are effectively processed and accurate records are maintained to capture the flow of recyclable materials handled and processed within the facility.  To further this goal, recycling processing facilities will be required to submit quarterly reports to the Department summarizing the handling of such materials within the target period.  This will allow the Department to more accurately determine the recycling diversion rate within New York City. 

 

 

 

DSNY’s authority for these rules is found in sections 753 and 1043(a) of the New York City Charter and sections 16-130 and 16-463 of the New York City Administrative Code.

Subject: 

Proposed Rules Relating to the Registration of Recycling Processing Facilities

Location: 
DSNY Headquarters
125 Worth Street 2nd Floor Auditorium
New York, NY 10013
Contact: 

Madelynn Liguori (646) 885-4786

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, section 28-308.4 of the New York City Administrative Code, 1 RCNY 103-07 and section 103.3 of the New York City Energy Code. 

Section 28-308.4 of the Administrative Code requires an energy efficiency report to be filed by building owners every ten years. That section also allows the owner to apply for an extension of time to file the report. 1 RCNY 103-07 provides for a fee to be charged for filing energy efficiency reports. 

Section 103.3 of the Energy Code provides for department examination of construction documents to determine whether they are in compliance with the requirements of the Energy Code. 

The amendments: 

  • ·         Add fees for initial filings, extensions and amendments of energy efficiency reports.
  • ·         Add fees for Energy Code compliance reviews.

 

 

 

Effective Date: 
Sun, 03/31/2013

Proposed Rules: Closed to Comments

Agency:
Comment By: 
Thursday, May 16, 2013
Proposed Rules Content: 

 

 

Statement of Basis and Purpose

 

Pursuant to § 282 of Article 7-C of the MDL (“Loft Law”), the Loft Board may promulgate rules to ensure compliance with the Loft Law. In 2010 and 2013, the Legislature amended the Loft Law by enacting Chapters 135 and 147 of the Laws of 2010 and Chapter 4 of the Laws of 2013. The 2010 amendments to the Loft Law established a new category of interim multiple dwellings (IMDs) covered by the Loft Law by adding a new MDL § 281(5). In 2013, the Legislature further amended the definition of an IMD in MDL § 281(5).

 

As described more fully below, the proposed rule amendments would amend provisions of sections 2-01, 2-03 and 2-08 of Title 29 of the Rules of the City of New York to conform these rules to the 2010 and 2013 amendments to the Loft Law and provide further clarification of existing rule requirements. The proposed rule amendments in Section 1 of this rulemaking would amend subdivisions (a) through (h) of 29 RCNY § 2-01. The proposed amendments in Sections 2 and 3 of this rulemaking would amend subdivisions

 

(i) and (m) of § 2-01. The proposed amendments in Sections 4 through 8 of this rulemaking would amend subdivisions (a) and (b) of 29 RCNY § 2-03. The proposed amendments in Sections 9 through 13 of this rulemaking would amend subdivisions (a), (b), (d), (e), (j), (k), (m), (n), (q), (r), and (s) of 29 RCNY § 2-08.

 

Amendments to § 2-01

 

The proposed amendments to § 2-01 in Sections 1 through 3 would:

 

  • Add code compliance deadlines for IMDs subject to the Loft Board’s jurisdiction under § 281(5) pursuant to the 2010 and 2013 amendments to the Loft Law;

 

  • Update code compliance deadlines for IMDs subject to the Loft Board’s jurisdiction pursuant to §§ 281(1) and 281(4);

 

  • Extend the time to apply for an extension of the final code compliance deadline (certificate of occupancy) for IMD owners subject to the Loft Law pursuant to the 2010 amendments to the Loft Law;

 

  • Clarify the procedures for applying for rent adjustments based on code compliance costs and Rent Guidelines Board increases and explain how such procedures apply to IMDs subject to the Loft Board’s jurisdiction pursuant to MDL § 281(5);

 

  • Clarify the Loft Board’s procedures for setting the initial legal regulated rent;

 

  • Provide that an owner is subject to civil penalties in accordance with § 2-11.1 for violations of § 2-01; and

 

  • Extend other existing requirements in § 2-01 to the IMDs subject to the Loft Board’s jurisdiction pursuant to MDL § 281(5).

 

Amendments to § 2-03

 

In Sections 4 through 8, the Loft Board proposes amendments to § 2-03 governing hardship exemption applications to the Loft Board. Pursuant to MDL § 285(2), owners may apply to the Loft Board for an exemption from Article 7-C coverage on the basis that the compliance with Article 7-C would cause an unjustifiable hardship as defined in § 285(2).

 

The proposed amendments to § 2-03 would:

 

  • Provide the filing deadlines for hardship applications as added in the 2010 and 2013 amendments to the Loft Law;

 

  • Require that an applicant for a hardship exemption attach all supporting documentation to the hardship application form at the time of the initial filing; and

 

  • Generally extend existing provisions in § 2-03 to IMD owners subject to the Loft Board’s jurisdiction pursuant to MDL § 281(5).

 

 

Amendments to § 2-08

 

In Sections 9 through 13, the Loft Board proposes amendments to 29 RCNY § 2-08, which governs Article 7-C coverage for IMDs.

 

The proposed amendments to § 2-08 would:

 

  • Update the requirements for Article 7-C coverage with respect to IMDs covered under MDL § 281(5) in accordance with the 2013 amendments to the Loft Law; and

 

  • Extend existing provisions of § 2-08 to IMDs subject to the Loft Board’s jurisdiction pursuant to the 2013 amendments to the Loft Law.

 

In 2010, the New York State Legislature added restrictions for Article 7-C coverage pursuant to § 281(5) based on, among other things, the size of the IMD and the other uses in the building existing on June 21, 2010. The 2010 amendments excluded from Article 7-C coverage buildings that contained uses that: 1) are listed in Use Groups 15 through 18 of the Zoning Resolution; 2) were currently and actively pursued in the building on June 21, 2010; and 3) the Loft Board determined to be inherently incompatible with residential use in the building. In May 2011, the Loft Board amended § 2-08 to reflect the 2010 amendments to the Loft Law by including the criteria for an IMD pursuant to MDL § 281(5) and by clarifying what uses in Use Groups 15 through 18 are "inherently incompatible" with residential use.

 

In 2013, the Legislature modified the criteria for Article 7-C coverage pursuant to § 281(5). It reduced the minimum size of an IMD unit from 550 to 400 square feet. It also provided that an activity described in Use Groups 15 through 18 would only bar Article 7-C coverage if the activity existed on June 21, 2010 and continued until the date of the application for Article 7-C coverage. The proposed amendments to § 2-08 reflect these 2013 changes to the Loft Law.

 

 

Subject: 

Opportunity to comment on proposed rule changes to: 1) § 2-01 of the Loft Board rules relating to code compliance work and the narrative statement process; 2) § 2-03 of the Loft Board rules relating to hardship applications and 3) § 2-08 of the Loft Board rules relating to Article 7-C coverage.

Location: 
Spector Hall
22 Reade Street, 1st Floor
New York, NY
Contact: 

New York City Loft Board
280 Broadway, 3rd Floor
New York, New York 10007

Download Copy of Proposed Rule (.pdf):