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Adopted Rules: Closed to Comments

Adopted Rules Content: 

STATEMENT OF BASIS AND PURPOSE OF FINAL RULE

 

Repeal of Outdated BSA Rules and Reorganization of Building Design Rules

 

Prior to 1968, BSA was responsible for adopting standards regulating fire safety in buildings and construction sites.  Among other things, BSA adopted rules relating to fire alarm systems and other fire protection systems, and construction site requirements.

 

With the enactment of the 1968 Building Code, and later, the 2008 Building Code and 2008 Fire Code, the New York City Department of Buildings (DOB) and FDNY took over this role.  The new codes and rules promulgated thereunder by DOB and FDNY superseded the provisions of the BSA rules with respect to the design and construction of new buildings and the operation and maintenance of existing buildings.  However, sometimes building owners and developers are confused as to whether the BSA requirements, which were never repealed or amended, remain in effect or are applicable to particular projects or installations.

 

The purpose of this rulemaking is to eliminate outdated BSA rules that have been superseded by the New York City Fire Code and to transfer to FDNY rules any remaining provisions of BSA rules relating to matters now regulated by the Fire Code that need to be retained.

 

The BSA rules that relate to the design of buildings and building systems (which are now regulated by the Building Code or other Construction Codes) are not being repealed but, like old building codes, will be kept in place for purposes of preserving pre‑existing design requirements.  The only exception are the BSA rules relating to construction site requirements, which are being repealed as they have no continuing applicability and have been wholly superseded by Building Code and Fire Code requirements.

 

The BSA rules being retained have been reorganized into two chapters in a manner designed to clarify their applicability.  New introductory sections have been included that set forth the scope of each chapter, place the BSA rules in the proper context, and alert the reader to the requirements of the New York City Construction Codes.  A cross-reference table indicating the disposition of each BSA rule provision and any new BSA or Fire Department section number is included as Chapter 5 of the BSA rules.

Effective Date: 
Sun, 05/05/2019

Proposed Rules: Closed to Comments

Agency:
Comment By: 
Tuesday, December 4, 2018
Proposed Rules Content: 

The Commissioner of the New York City Department of Transportation (DOT) is authorized to promulgate rules regarding highway operations in the City pursuant to Section 2903(b) of the City Charter. The rules that DOT is seeking to amend are contained within Chapter 2 of Title 34 of the Rules of the City of New York, relating to its “Highway Rules.”

The purpose of the proposed rule is to clarify the language in section 2-07 and to revise section 2-11 of the Highway Rules to clarify existing requirements and to establish new requirements relating to street openings and excavations. More specifically, the following changes are being proposed:

 Section 2-11(e)(10)(v) is amended by clarifying the height at which signs should be placed by permittees.

 Section 2-11(e)(10)(vi) is amended by clarifying requirements for skid-resistant plates.

 Section 2-11(e)(10)(vii) is amended by clarifying the requirement that all signs must be removed when work is completed.

 Section 2-11(e)(12)(iv) is amended by changing the requirement for roadway openings.

 Section 2-11(e)(12)(xiii) is amended by adding the requirement that the final completed wearing course surface must be without any defects.

 Section 2-11(f)(4)(ii) is amended by adding base installation as another phase of the work

The proposed rule also includes plain language and other minor changes to section 2-07 identified during the retrospective rules review conducted by the Mayor’s Office of Operations with the City’s rulemaking agencies, the Law Department, and the Office of Management and Budget.

Subject: 

.

Location: 
DOT Bid Room
55 Water Street, Concourse Level Bid Room is located on the SE corner of 55 Water St facing the NYC Vietnam Veterans Memorial Plaza.
New York, NY 10041
Contact: 

No contact

Download Copy of Proposed Rule (.pdf): 

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

Agency:
Comment By: 
Wednesday, October 10, 2018
Proposed Rules Content: 

Statement of Basis and Purpose
Section 1403(b-1) of the Charter of the City of New York provides that the Commissioner of Environmental Protection (“Commissioner”) has “the power to administer and enforce provisions of law, rules and regulations relating to the management and control of discharges and runoff from public and private property, including but not limited to stormwater discharges, which may convey pollutants and other materials that may enter and have an adverse impact on the waters of the state.” Title 24 of the Administrative Code of the city of New York, Chapter 5-A provides that its purpose and intent are to “(i) reduce pollutants discharged in stormwater runoff from construction activities in such areas to the maximum extent practicable through appropriate erosion and sediment controls; (ii) minimize, to the maximum extent practicable, increases in stormwater runoff volume and velocity, and pollutant loading in stormwater runoff, from development sites in such areas; (iii) ensure the proper maintenance of post-construction stormwater management practices; and (iv) ensure compliance by certain industrial facilities in such areas with applicable requirements to manage stormwater runoff in order to reduce pollutants in stormwater from industrial activities to the maximum extent practicable.”
Chapter 19.1 is needed to comply with the New York City municipal separate storm sewer system permit (NYC MS4 permit), which is issued by the New York State Department of Environmental Conservation (NYSDEC). The NYC MS4 permit requires the City to implement a number of programs in the portions of the City served by the City’s MS4 – the municipal separate storm sewer system – with the goal of reducing pollutants in the stormwater that enters surface waters from the MS4 to the “maximum extent practicable.” Specifically, the proposed Chapter enables the Commissioner to protect waters of the state by establishing two new regulatory programs required by the NYC MS4 permit:
(i) an inspection and enforcement program to ensure that industrial stormwater sources are in compliance with state and local stormwater requirements; and
(ii) a permitting, inspection and enforcement program for covered development projects, as defined in the rule, including requirements for construction and post-construction stormwater controls, standards for such controls, and penalties for non-compliance with the rules and permit conditions.
Permit issuance for covered development projects in the MS4 area, meaning projects that involve or result in at least one acre of soil disturbance within the municipal separate storm sewer system (MS4) area, is not subject to environmental review pursuant to 6 NYCRR Section 617.5(c)(19). However, issuance of a variance under the rule is subject to environmental review.
DEP expects to publish the final version of sections 19.1-01 through 19.1-02 of these rules in December of 2018. The final rules will establish the effective date of these sections, which relate to general administration, enforcement, and industrial and commercial stormwater sources. The effective date will be 45 days after approval by NYSDEC of the City’s stormwater management plan.
DEP expects to publish the final version of section 19.1-03 of these rules within 30 days from the final approval by NYSDEC of the storm water management plan. The final rules will establish the effective date of this section, which relates to construction and post-construction stormwater sources. The effective date will be between 45 and 180 days after approval by NYSDEC of the City’s stormwater management plan.

Subject: 

The Department of Environmental Protection is proposing rules governing industrial, commercial, construction, and post-construction stormwater sources.

Location: 
DEP 8th Floor Conference Room
59-17 Junction Boulevard 8th Floor
Flushing, NY 11373
Contact: 

No contact

Download Copy of Proposed Rule (.pdf): 

Proposed Rules: Closed to Comments

Agency:
Comment By: 
Monday, July 23, 2018
Proposed Rules Content: 

Statement of Basis and Purpose of Proposed Rule

Local Laws 10 and 53 of 2018 amended Section 24-219 and 24-220 of the Administrative Code, require the filing of noise mitigation plans that must be made publicly available on the department’s website, as well as requiring noise mitigation rules for interior renovation.

DEP is proposing these rules, as required by section 24-219 and 24-220 to clarify and revise the existing noise construction rules as set forth in 15 RCNY 28-100 et seq. to require that noise mitigation plans must be filed with the department and add a section to the rules that will provide for mitigation techniques to control for interior renovation noise.

Consistent with the above, DEP promulgates the following new Rule, to be found Chapter 28 of Title 15 of the Rules of the City of New York.

The Rule is authorized by Section 1043 of the Charter and sections 24-219 and 24-220 of the Administrative Code.

Subject: 

Amendment of existing construction noise rules relating to the submission of noise mitigation plans and interior noise construction.

Location: 
DEP 8th Floor Conference Room
59-17 Junction Boulevard 8th Floor
Flushing, NY 11373
Contact: 

No contact

Proposed Rules: Closed to Comments

Agency:
Comment By: 
Wednesday, January 18, 2017
Proposed Rules Content: 

Statement of Basis and Purpose of Proposed Rule

Local Law Number 38 of 2015 amended Section 24-146 of the Administrative Code, which provides for the issuance of an abatement order when it is found that work is being performed in violation of the provisions of Section 24-146.

DEP is proposing these rules, as required by Section 24-146(f)(5)(iii), to establish a procedure for requesting a hearing to appeal a written abatement order as a new Chapter 45 of title 15 of the Rules of the City of New York (RCNY).

DEP is also amending Chapter 32 of title 15 of the Rules to add the hearing for appeal of written abatement orders provided for in the new Chapter 45 to the list of adjudicatory hearings that can be conducted by DEP.

In addition, Chapter 32 is being amended to simplify complex legal references and to update obsolete references, including the repeal of subdivisions (f), (g) and (h) of 15 RCNY §32-01. Subdivision (f) is being repealed because the reference to noise sensitive zones in Administrative Code § 24-229(b) was repealed as part of the revision to the Noise Pollution Control Code by Local Law 113 of 2005. Subdivision (g) is being repealed because the reference to Environmental Ratings in Administrative Code § 24-154(b) was repealed as part of the revision to the Air Pollution Control Code by Local Law 38 of 2015. Subdivision (h) is being repealed because the reference to “approved noise consultants” incorrectly referenced the Air Pollution Code, and the process to appeal a revocation as a noise consultant is already set forth accurately in 15 RCNY § 32-01(b). Finally, this rule would allow parties in Department hearings to select the option of e-mail notification of the Department’s final determination.

Consistent with the above, DEP promulgates the following new Rule, to be found at 15 RCNY Chapter 45 and 15 RCNY Chapter 32.

The Rule is authorized by Section 1043 of the Charter and sections 24-105 and 24-146 of the Administrative Code.

Subject: 

Appeal of Abatement Orders

Location: 
NYC DEP 8th Floor Conference Room
59-17 Junction Blvd. 8th Floor Conference Room
Flushing, NY 11373
Contact: 

No contact

Download Copy of Proposed Rule (.pdf): 

Adopted Rules: Closed to Comments

Adopted Rules Content: 

Amendment of Highway Rules: Sections 2-01 through 2-09, 2-11 through 2-14, and 2-20.

Effective Date: 
Sun, 08/07/2016

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

Agency:
Comment By: 
Thursday, April 28, 2016
Proposed Rules Content: 

 Statement of Basis and Purpose of Proposed Rule

The Commissioner of the New York City Department of Transportation (DOT) is authorized to issue rules regarding highway operations in the City pursuant to Section 2903(b) of the New York City Charter.

The purpose of the proposed rule is to provide clearer, more concise language, and to update the following provisions of the Highway Rules: sections 2-01 through 2-09, 2-11 through 2-14, and 2-20.

More specifically, sections 2-01, 2-02(c), 2-04(c), 2-04(g), 2-06(b), 2-06(d), 2-08(b), 2-09, 2-11(c), 2-11(e), 2-11(f), 2-12(a), 2-13(g), 2-13(l), 2-13(n), 2-13(o), 2-14(a), and 2-20(a) are amended to distinguish between two documents referenced in the Highway Rules: 1) the Standard Highway Specifications (“Standard Specifications”), and 2) the Standard Details of Construction (“Standard Detail Drawings”), both of which are drafted and issued by the New York City Department of Design and Construction. The Standard Specifications contain detailed information on the specifications for standard materials. The Standard Detail Drawings provide typical construction details.

Sections 2-02(a)(1), (2) and (4) are amended to accurately reflect current DOT practice regarding permit applications and bonds.

Section 2-02(b) is amended to delete the obsolete reference to commercial refuse containers with respect to permit reviews, since these permits are now available online.

Section 2-02(d) is amended to clarify that if a timely Corrective Action Request (CAR) protest is granted, the CAR fee will be waived.  A CAR is a formal notice by DOT that work performed, and/or a condition created or maintained on a street, is in violation of the Highway Rules or applicable law, and a request that the permittee take action to correct the work and/or condition. Permittees may protest the issuance of a CAR. This change will promote timely submissions of CAR protests.

Section 2-02 (m) is amended to refer to section 2-07, which is being amended to make clear that a permittee must obtain an emergency number from DOT during a DOT embargo period for emergency work involving an underground street access cover (also known as utility access covers or “manholes”). 

Section 2-03 is amended to delete the fee for obtaining permits to install bicycle racks or decorative planters because DOT no longer issues these permits, which are now covered under a revocable consent pursuant to Section 7-04 of Title 34 of the Rules of the City of New York.

Sections 2-05(c)(2), (d)(11), (d)(15), and (j)(5) and Sections 2-11(e)(4), (e)(6), (e)(10), (e)(11), and (g)(2) are amended to replace references to Section 2-01.1 with Section 2-02(h) and clarify that permittees are required to keep their work sites safe.

Sections 2-05(d)(2) and (19) are amended to clarify that any protective covering placed on the street must be placed beneath all construction material or equipment when delivered by the managing agent, distributor, or owner of the container, and must also be maintained by the general contractor while the material or equipment occupies the street. 

Section 2-07 (a) is amended to require a permittee to obtain an emergency number from DOT during a DOT embargo period for emergency work involving an underground street access cover (also known as utility access covers or “manholes”). 

Sections 2-07(a)(8), 2-11(e)(4)(v), and 2-11(g)(2)(xiii) are amended to clarify when flagpeople are expected to be placed at a job site.

Section 2-07(b)(2) is amended to require a permit to maintain a steel plate that is covering either a defective maintenance cover or grating (also known as hardware) or any street condition found within an area extending 12 inches outward from the perimeter of the defective hardware or street condition, even where no excavation has been made.  There are a number of defective hardware conditions on city streets that require a steel plate cover to maintain public safety until the condition is repaired. This often results in steel plates on the streets with no clear indication of whether they are covering an open excavation or defective hardware, and may on occasion result in unnecessary summonses issued for failure to obtain a permit for an open excavation.  This amendment is designed to eliminate the confusion by providing DOT with information on the location of such steel plates, as well as the name of the plate owner.

Section 2-11(e)(2) is amended to allow for the use of the rock wheel or other DOT-approved tools when pre-cutting pavement.  Typically, handheld tools must be utilized to pre-cut pavement. However, DOT has on occasion authorized the use of the rock wheel to pre-cut pavement.  This change will allow DOT the flexibility to determine which tools are sufficient when pre-cutting pavement.  Section 2-11(e)(2) is also amended to add a reference to new Standard Detail Drawing #H-1042. 

Section 2-11(e)(10) is amended by adding and clarifying several requirements regarding plating and decking.

Section 2-11(e)(11)(iv) is amended to prohibit substituting asphalt for concrete, and to require all concrete-base roadway restorations to be the same depth and greater than or equal to the existing strength as the original base.  The consistency and stability of asphaltic material is not the same as concrete. This change will better protect the integrity of city streets.

Section 2-11(e)(11)(vii) is amended by deleting an administrative requirement regarding the plating of shallow conduits and pipes.

Section 2-11(e)(12)(ii) is amended to require a maximum settlement of half an inch for permanent restoration pavement during the life of the guarantee period.

Section 2-11(e)(12)(viii) is amended to include and clarify the requirement that sealant must be properly maintained throughout the life of the guarantee period. Currently, the rules require the wearing course to be properly sealed at the edges; however, it does not specifically state that such sealant must be properly maintained throughout the life of the guarantee period.

Section 2-11(e)(12)(xi) is deleted and replaced with the requirement that all trenches must have a minimum opening width of 18 inches in accordance with updated Standard Detail Drawing #H-1042.

Section 2-11(f)(4)(i) is amended by adding that the paving schedule must conform to DOT’s requirements, including but not limited to the permittee name, location of work (on, to and from street), and proposed start time. Additionally, the change allows for the transmission of the paving schedule via e-mail or other department-approved method. 

Section 2-14(f) is amended to clarify provisions relating to commercial refuse containers (CRC).  Based on some decisions issued by the New York City Environmental Control Board, the definition of CRCs must be updated to include not just the placement but also the maintenance and storage of containers.  This definition better reflects how the commercial carting industry works and DOT’s expectations of such carting companies.  This amendment also adds a requirement that any protective covering placed on the street must be maintained by the permittee during the entire period the CRC occupies the street.  This change will prevent CRC companies from using the public roadway indefinitely to store containers and to prevent these containers from scarring the roadway because of removed or displaced protection.

Subject: 

Amendment of Highway Rules.

Location: 
55 Water Street (Bid Room)
New York, NY 10041

Adopted Rules: Closed to Comments

Adopted Rules Content: 

Effective July 1, 2013, a construction or demolition project requiring a New York City Department of Buildings permit and whose site is enclosed with a fence or contains a sidewalk shed must comply with the signage requirements of Local Law 47 for the year 2013. The purpose of this rule is to clarify existing New York City Department of Transportation (DOT) signage requirements for its permittees so that these requirements do not conflict with the new local law. The rule will achieve this goal by: • Distinguishing between two different signs currently required by DOT: (1) signage along a series of excavations or street openings, and (2) signage for any project with a projected completion time of three months or more; and • Listing the various content requirements for each type of required sign.

Effective Date: 
Wed, 04/16/2014

Proposed Rules: Closed to Comments

Agency:
Comment By: 
Wednesday, February 19, 2014
Proposed Rules Content: 

 

Statement of Basis and Purpose of Proposed Rule

Effective July 1, 2013, a construction or demolition project requiring a New York City Department of Buildings permit and whose site is enclosed with a fence or contains a sidewalk shed must comply with the signage requirements of Local Law 47 for the year 2013.

The purpose of this proposed rule is to clarify existing New York City Department of Transportation (DOT) signage requirements for its permittees so that these requirements do not conflict with the new local law. The proposed rule will achieve this goal by:

·        Distinguishing between two different signs currently required by DOT: (1) signage along a series of excavations or street openings, and (2) signage for any project with a projected completion time of three months or more; and

·        Listing the various content requirements for each type of required sign.

DOT’s authority for these rules is found in sections 2903(b)(1) and (5)of the New York City Charter.

 

Subject: 

DOT rule proposing to clarify signage requirments for DOT permittees

Location: 
BID Room A
55 Water Street, Ground Floor Entrance is located on the south side of the building facing the Vietnam Veterans Memorial
New York, NY 10041
Contact: 

Joseph P. Noto

Proposed Rules: Closed to Comments

Agency:
Comment By: 
Tuesday, November 12, 2013
Proposed Rules Content: 

 

 

Statement of Basis and Purpose

 

The Commissioner of the New York City Department of Small Business Services (“DSBS”) intends to promulgate an amendment to Section 11-61 of Chapter 11 of Title 66 of the Rules of the City of New York pursuant to §1304 of the New York City Charter and § 6-129(d)(4) of the New York City Administrative Code. The City’s MWBE Program, originally enacted by Local Law 129 (2005), and codified in section 1304 of the New York City Charter and section 6-129 of the Administrative Code (Ad. Code), establishes goals for participation by minority-owned business enterprises (MBEs) and women-owned business enterprises (WBE’s) as contractors and subcontractors in the categories of construction, standard services, professional services and goods valued under $1 million.

 

Local Law 1 of 2013 amends these provisions by, among other things:

  • changing the participation goals for each of the four procurement categories
  • removing the million dollar cap on construction, professional services, and standard services procurements for which goals may be established, and
  • lowering the cap from $1 million dollars to $100,000 for goods contracts for which goals may be established.

The proposed rule implements the above provisions of Local Law 1; other rules will be proposed to implement other changes made by Local Law 1.

 

The new goals were established based on a Disparity Data Analysis conducted by the Mayor’s Office of Contracts Services, and incorporated as Appendix A in the Committee Report of the City Council’s Government Affairs Division and Committee on Contracts, dated December 17, 2012 (Local Law 1 Committee Report). That analysis compared the availability of MBEs and WBEs in the four procurement categories to their utilization as contractors and subcontractors in City procurements.

 

This proposed rule amends all the goals in Section 11-61 of Chapter 11 of Title 66 of the Rules of the City of New York to match with the new goals established by Local Law (except for the goal enacted in error, as explained below, for WBEs in the professional services category).

 

When Local Law 1 was drafted, it was intended that for each category where a significant disparity between availability and utilization was identified in the Disparity Data Analysis, a goal would be set corresponding to the availability of MBEs or WBEs in the category. The goal identified by the Analysis for WBEs in the professional services category was 17%; however, due to a drafting error, the goal enacted in Local Law 1 was incorrectly listed as 37%.

 

To reflect the correct goal of 17% for WBEs in the professional services category, the Commissioner is exercising his authority under Ad. Code § 6-129(d)(4) periodically to review the availability and utilization rates for MBEs and WBEs and, where appropriate, to revise the Citywide participation goals set forth in that section. This is being done in consultation with the City’s Chief Procurement Officer, as required by §6-129(d)(4). The section also provides that results of the review and any proposed revision to the goals are to be submitted to the Speaker of the City Council at least 60 days prior to publishing a rule that would revise the goals. The results of the review have already been provided to the Council, and, as noted above, the Council has included them in the Local Law 1 Committee Report.

 

 

Subject: 

Opportunity to comment on proposed amendments to rules concerning participation by minority-owned and women-owned business enterprises in City procurement, including a correction of the goal for participation by women-owned business enterprises in procurements for professional services.

Location: 
110 William Street, 4th Floor
New York, NY 10038
Contact: 

Anne Rascon
Deputy Commissioner, Division of Financial and Economic Opportunity
Department of Small Business Services
110 William Street, 2nd Floor
New York, New York 10038

Download Copy of Proposed Rule (.pdf): 

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