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

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Agency:
Comment By: 
Monday, February 5, 2018
Proposed Rules Content: 

Statement of Basis and Purpose of Proposed Rule

 

 

This rule amends the Reference Standard FEMA FIRM 360497, as identified in Section BC G402 of the building code.  The FEMA FIRMs are the Flood Insurance Rate Maps published by FEMA, and are referenced in the building code for the purpose of enforcement of the construction standards of the National Flood Insurance Program.

 

This rule updates the FEMA FIRMs to incorporate a Letter of Map Amendment approved by FEMA for La Guardia Airport in Queens.  This amendment ensures New York City’s continued compliance with and eligibility to participate in the National Flood Insurance Program.

 

The Department of Buildings’ authority for these rules is found in sections 643 and 1043 of the New York City Charter and section 28-103.19 of the New York City Administrative Code.

 

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Subject: 

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Location: 
Department of Buildings
280 Broadway, 4th floor conference room
New York, NY 10007
Contact: 

No contact

Adopted Rules: Closed to Comments

Adopted Rules Content: 

Statement of Basis and Purpose of Rule

 

This rule amends Section 101-03 of Chapter 100 of Title 1 of the Rules of the City of New York, relating to fees payable to the Department, to include fees for responding to requests submitted to the Department for the following:

  • appeal after two reviews (for which two reviews there is no charge pursuant to this rule because the fees for these reviews are included in the filing fee) that consist of (1) a plan examination objection and (2) an affirmation of that objection.

       The determination in response to such appeal is referred to as an Appeal Determination; 

  • a variation of the Construction Codes;
  • a variation of the 1968 or prior Building Code;
  • a variation of section 277.16 of the New York State Multiple Dwelling Law (MDL) for Article 7B buildings;
  • a pre-determination request with respect to the Zoning Resolution, Construction Codes or 1968 or prior Building Code before application for construction document approval is submitted;
  • appeal of an Appeal Determination; and
  • an appeal from:

          - a denial of a request for a variation of the Construction Codes; 

          - a denial of a request for a variation of the 1968 or prior Building Code; 

          - a denial of a request for a variation of section 277.16 of the New YorkState Multiple Dwelling Law

           (MDL) for Article 78 buildings; and

          - a pre-determination with respect to the Zoning Resolution, Construction Codes or 1968 or prior

           Building Code.

The authority of the Department of Buildings for this rule is found in sections 643 and 1043 of the New York City Charter and section 28-112.1 of the New York City Administrative Code.

The Department provides a service when current or prospective applicants request a variation of the Codes and of the MDL as specified, or a pre-determination or determination interpreting certain provisions of the Zoning Resolution or the Codes, Appeal Determinations and appeals.  These requests may be made using either a Zoning Resolution Determination Form (ZRD1) or a Construction Code Determination Form (CCD1) or any subsequently created determination forms.  Only one issue may be included per determination form. 

There is no additional charge pursuant to this rule for the first review, which could result in a plan examination objection, or the second review of that objection, which could result in an affirmation of the objection.  The fees for these reviews are included in the filing fee. 

These fees will cover the administrative costs incurred by the Department in reviewing these requests and appeals. 

No fees will be charged for requests and appeals filed in connection with the construction or alteration of one-, two- or three-family dwellings.  No fees will be charged for requests and appeals filed in connection with any building that the New York City Department of Housing Preservation and Development certifies is for the construction or rehabilitation of affordable housing, as set forth in this rule. 

 

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Effective Date: 
Sun, 01/28/2018

Proposed Rules: Open to Comments (View Public Comments Received:5)

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Agency:
Comment By: 
Thursday, January 25, 2018
Proposed Rules Content: 

Statement of Basis and Purpose of Proposed Rule

 

The Department of Buildings (DOB) is proposing to amend its electrical code rules to delete references to the electrical advisory board and to repeal sections that are no longer applicable.  The proposed rule will repeal sections 34-01 relating to phase-in of new standards for electrical work, 34-02 relating to review of applications for electrical permits and certificates of electrical inspection, and 34-03 relating to temporary certification to perform low voltage electrical work because they refer to a phase-in period that ended in 2003.

 

The proposed rule also amends section 34-05 to eliminate the electrical advisory board in order to standardize and align the electrical plan review process with all other plan examination units in the agency.  It also proposes to renumber 34-05 as 4000-01 in order to align the rule with the Department’s current rule numbering scheme.

 

Amendments are also proposed to rule 101-12 to expand the jurisdiction of the Office of Technical Certification and Research (“OTCR”) to allow it to replace the electrical advisory board in reviewing electrical equipment and materials.  OTCR’s jurisdiction is currently limited to equipment and materials covered by Title 28 of the New York City Administrative Code.  The electrical code is in Title 27.

 

The Department of Buildings’ authority for these rules is found in sections 643 and 1043 of the New York City Charter and section 27-3005 of the New York City Administrative Code.

 

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Subject: 

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Location: 
Spector Hall
22 Reade Street
New York, NY 10007
Contact: 

No contact

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

Agency:
Comment By: 
Tuesday, January 16, 2018
Proposed Rules Content: 

Statement of Basis and Purpose

 

 

The proposed rule updates DOB’s Buildings Penalty Schedule to better reflect the current construction environment and to encourage construction safety. The last major overhaul of the Buildings Penalty Schedule occurred in 2008.

 

Because the increased costs of construction have reduced the deterrent effects of the 2008 penalties, the Department reviewed individual infractions and assigned new standard penalties for construction and equipment safety-related violations. The decision to increase these penalties was based on the seriousness of the violation and is intended to discourage unsafe practices in the construction industry. In addition, to ensure greater consistency and simplify its penalty schedule, the Department created standard baseline penalties within each class of violation.

 

The schedule has also been updated to add new penalties, including for violations related to lift directors and cranes and derricks.

 

DOB’s authority to enforce these rules is found in Sections 643 and 1043(a) of the New York City Charter. 

 

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Subject: 

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Location: 
2nd floor Auditorium
125 Worth Street
New York, NY 10013
Contact: 

No contact

Download Copy of Proposed Rule (.pdf): 

Adopted Rules: Closed to Comments

Adopted Rules Content: 

Statement of Basis and Purpose of Rule

 

This amendment to 1 RCNY 104-09 adds a new subdivision (h) to implement the requirement of Local Law 80 of 2017 for Class B hoisting machine operators (HMOs) to earn a rating.  Under the current code, Class B HMOs are authorized to operate cranes of unlimited boom length.  Local Law 80 of 2017 limits Class B HMOs to the operation of cranes of boom lengths up to 300 feet unless they have earned a rating to operate longer booms.  The local law requires ratings to be issued for specific makes and models of cranes upon the completion of a practical exam, simulator training or other appropriate means as specified in the rule.

 

The Department of Buildings’ authority for these rules is found in sections 643 and 1043(a) of the New York City Charter and article 405 of chapter 4 of title 28 of the New York City Administrative Code.

 

 

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Effective Date: 
Fri, 01/05/2018

Adopted Rules: Closed to Comments

Adopted Rules Content: 

 

Statement of Basis and Purpose of Rule 

 

 

This rule proposes to establish criteria governing the training of individuals learning to become a hoisting machine operator by adopting requirements of the United States Department of Labor Occupational Safety and Health Administration (OSHA) contained in 29 CFR 1926.1427(f) and making modifications for New York City. The purpose of this rule is to ensure protection of the general public.

 

 

The New York City specific modifications include: 

  • Establishing basic knowledge requirements for learners
  • Requiring the supervising licensee to be present in or near the cab or operator’s station when the learner is operating a tower crane
  • Prohibiting a learner from operating a hosting machine when the supervising licensee is on break
  • Clarifying that the supervising licensee is responsible for performing New York City mandated inspections and maintain New York City mandated logs
  • Prohibiting a learner from performing multiple-lift rigging operations, critical picks, or any operation related to the erection, climbing, jumping, or dismantling of a tower crane
  • Clarifying the scope of equipment that can be operated and supervised based on the license type being sought and the license held by the supervising licensee

 

The Department of Buildings’ authority for these rules is found in sections 643 and 1043 of the New York City Charter and Article 405 of Chapter 4 of Title 28 of the New York City Administrative Code. 

 

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Effective Date: 
Fri, 01/05/2018

Proposed Rules: Closed to Comments (View Public Comments Received:2)

Agency:
Comment By: 
Monday, December 18, 2017
Proposed Rules Content: 

 

Statement of Basis and Purpose of Proposed Rule

 

The Department of Buildings (DOB) is proposing to amend Section 101-06 of Title 1 of the Rules of the City of New York relating to the duties, registration, renewal and discipline of special inspectors and special inspection agencies. The proposed amendments will address the following:

 

1) Clarify definitions of personnel within a special inspection agency;

2) Require that all applicants associated with a special inspection agency are subject to the provisions of Article 401 of Chapter 4 of Title 28 of the City Administrative Code;

3) Clarify the special inspection agency structure;

4) Clarify requirements and limitations for renewal applications of special inspection agencies; and

5) Direct that suspension or revocation of registration of a special inspection agency and the refusal to accept filings by a special inspection agency will be in accord with Article 401 of Chapter 4 of Title 28 of the City Administrative Code.


DOB’s authority for these rules is found in Sections 643 and 1043(a) of the City Charter and Section 28-115.1 of the City Administrative Code.

 

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Subject: 

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Location: 
Department of Buildings
280 Broadway, 3rd floor conference room
New York, NY 10007
Contact: 

No contact

Proposed Rules: Closed to Comments

Agency:
Comment By: 
Tuesday, December 5, 2017
Proposed Rules Content: 

Statement of Basis and Purpose of Proposed Rule

 

The purpose of the proposed rule is to repeal rules which the Administrative Code, the New York City Building Code, and Mechanical Code now address.  The rules to be repealed relate to:

  • National Fire Protection Association, Flammable Combustible Code edition amendment to the Mechanical Code (1 RCNY 7000-01)
  • Smoke detecting devices and systems (1 RCNY 28-01), which does not apply under the 2014 Building Code, and the requirements for which are now found in Section 901.9.5.1 of the 2014 Building Code.   
  • Required carbon monoxide detecting devices and systems (1 RCNY 28-02) , which does not apply under the 2014 Building Code, and the requirements for which are now found in Section 901.9.5.1 of the 2014 Building Code.  
  • Rules of Procedure for amending, revising or promulgating Reference Standards (1 RCNY 37-01); the process for amending Reference Standards is now found in Section 103.19 of Title 28 of the Administrative Code.

Working with the City’s rulemaking agencies, the Law Department, and OMB, the Office of Operations conducted a retrospective rules review of the City’s existing rules, identifying those rules that will be repealed or modified to reduce regulatory burdens, increase equity, support small businesses, and simplify and update content to help support public understanding and compliance. The repeal of 1 RCNY 7000-01 was identified through this initiative.

The Department of Buildings’ authority for these rules is found in sections 643 and 1043 of the New York City Charter.

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Subject: 

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Contact: 

No contact

Download Copy of Proposed Rule (.pdf): 

Adopted Rules: Closed to Comments

Adopted Rules Content: 

 

Statement of Basis and Purpose of Rule

This rule establishes requirements for cableways utilized in conjunction with the construction or demolition of a building or structure. A cableway is a system used to transport materials, consisting of a cable suspended between two towers, on which travels a carriage from which a bucket is suspended.

Cableways are currently regulated by Reference Standard RS-19-3 of the appendix to chapter 1 of title 27 of the administrative code of the city of New York.  This rule repeals RS-19-3 and replaces it with a new rule that adopts the latest national standard for cableways published by the American Society of Mechanical Engineers (ASME) as well as New York City specific permitting, inspection, licensing, and operational requirements that are not contained within the ASME standard by cross referring applicable sections of 1 RCNY 3319-01.

The Department of Buildings’ authority for these rules is found in sections 643 and 1043 of the New York City Charter and section 3320.12 of the New York City Building Code.

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Effective Date: 
Thu, 11/23/2017

Proposed Rules: Closed to Comments

Agency:
Comment By: 
Monday, November 20, 2017
Proposed Rules Content: 

 

Statement of Basis and Purpose of Rule

 

This proposed amendment to 1 RCNY 104-09 adds a new subdivision (h) to implement the requirement of Local Law 80 of 2017 for Class B hoisting machine operators (HMOs) to earn a rating.  Under the current code, Class B HMOs are authorized to operate cranes of unlimited boom length.  Local Law 80 of 2017 limits Class B HMOs to the operation of cranes of boom lengths up to 300 feet unless they have earned a rating to operate longer booms.  The local law requires ratings to be issued for specific makes and models of cranes upon the completion of a practical exam, simulator training or other appropriate means as specified in the rule.

The Department of Buildings’ authority for these rules is found in sections 643 and 1043(a) of the New York City Charter and article 405 of chapter 4 of title 28 of the New York City Administrative Code.

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Subject: 

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Location: 
Department of Buildings
280 Broadway, 3rd floor conference room
New York, NY 10007
Contact: 

No contact

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