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Adopted Rules: Closed to Comments

Adopted Rules Content: 

Statement of Basis and Purpose

 

The Department of Buildings (DOB) is updating Chapter 3300 of Title 1 of the Rules of the City of New York by amending 1 RCNY §3310-02 to promote publicsafety by increasing  the experience requirements for Concrete Safety Managers who oversee the concrete portion of building projects that involve pouring at least 2,000 cubic yards of concrete.  The amended rule applies prospectively to all new Concrete Safety Managers, and to all renewals.

 

The rule also clarifies that Concrete Safety Managers’ registrations and renewals are subject to the provisions of Article 401 of Chapter 4 of Title 28 of the New York City Administrative Code.  This will allow the Department to hold Concrete Safety Managers to the same standards as licensees.

 

DOB’s authority for this rule is found in Section 643 and 1043(a) of the New York City Charter and section 3310.9.1 of the New York City Building Code.

 

New material is underlined.

[Deleted material is in brackets.]

 

 

 

 

Effective Date: 
Sat, 07/28/2018

Adopted Rules: Closed to Comments

Adopted Rules Content: 

 

 

STATEMENT OF BASIS AND PURPOSE

 

The rule amendments are pursuant to the authority of the Commissioner of Buildingsunder Sections 643 and 1043(a) of the New York City Charter and Article 302 of the Administrative Code.

 

The amendments:

 

·         Change the title of the section to reflect new classifications of violations.

 

·         Add a new charge for violation of Local Law 70 of 2011 governing concrete washout water, which will take effect on July 1, 2012. This local law regulates wastewater generated from the rinsing of equipment used to mix, transport,convey, and/or place concrete. The failure to perform proper concrete washoutprocedures would damage the City's environment, sewers and drains.

 

·         Add a new charge when a registered design professional fails to immediately notifythe Department when there is an unsafe condition in a façade. When the Department is not immediately notified, the unsafe conditions may present a risk topublic safety. The amendment would classify this charge as an ImmediatelyHazardous (Class 1) violation.

 

·         Add a new charge for failure to secure public safety when there is an unsafecondition in a facade. When unsafe conditions are reported by the registereddesign professional to the Department and the owner, the owner must takeimmediate steps to remedy the conditions and take required measures to protect the public from the unsafe conditions. The Department believes that the lack ofthese safety measures presents an immediate danger to the public. Therefore,the amendment would classify this charge as an Immediately Hazardous (Class 1).

 

·         Add a new charge for removal of public protection from unsafe facade withoutapproval from the Department. Where required safety measures are already inplace for unsafe façades, Department  rules  require  Department  permission before removing the protection to ensure public safety.

 

 

Effective Date: 
Wed, 07/18/2012

Adopted Rules: Closed to Comments

Adopted Rules Content: 

 

 

Statement of Basis and Purpose of Final Rule

 

The Environmental Control Board held a public hearing on June 12, 2012 regarding amendments to its Department of Buildings (DOB) Penalty Schedule. This schedule is found in Section 3-103 of Subchapter G of Chapter 3 of Title 48 of the Rules of the City of New York (RCNY). One member from the public and a representative from DOB attended the public hearing and testified on ECB’s proposed rule regarding concrete washout water and unsafe facades. One written comment from DOB was received. The Board has considered the testimony from the member of the public as well as the testimony and the written comment from DOB and has revised the “Violation Description” in the entry for 28-302.5 within Section 3 of the Rule to read as follows: “Failure to take required measures to secure public safety- unsafe façade” instead of “Failure to timely correct unsafe condition.”

 

These amendments will create penalties for certain sections of the New York City Building Code, Administrative Code, and RCNY to better enforce these provisions.

 

Section 1. Concrete Washout Water

 

Concrete washout water damages New York City’s environment, sewer and drainage systems. The amendment creates penalties for violations of Section 3303.15 of the New York City Building Code as added by Local Law 70 of 2011. Local Law 70 of 2011 regulates concrete washout water, defined as wastewater from the rinsing of equipment used to mix, transport, convey and/or place concrete. Local Law 70 of 2011 will take effect July 1, 2012.

 

Sections 2 through 4. Public Safety Measures for the Maintenance of Exterior Walls

 

When the exterior walls and appurtenances (façades) of a building become unsafe, they pose a serious threat to public safety. The amendments create penalties for violations of the following provisions, which require certain procedures for the safe maintenance of building façades:

Section 28-302.3 of the Administrative Code;

Section 28-302.5 of the Administrative Code; and

Section 103-04(b)(5)(iii) of Title 1 of the RCNY.

 

Article 302 of Title 28 of the Administrative Code sets forth maintenance requirements for the façades of buildings greater than 6 stories. Section 28-302.3 requires a registered design professional who learns of an unsafe condition upon examining a façade to immediately notify the DOB. When an unsafe condition is reported, Section 28-302.5 requires the building owner, the owner’s agent, or the person in charge of the building to take immediate steps to remedy those conditions.

 

Section 103-04(b)(5)(iii) of Title 1 of the RCNY requires the building owner, the owner’s agent, or the person in charge of the building to get approval from the DOB before removing a shed or protective measure from a building’s exterior.

 

 

 

Effective Date: 
Sat, 08/11/2012