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Adopted Rules: Closed to Comments

Adopted Rules Content: 

 

Statement of Basis and Purpose of Rule 

Local Law 191 of 2018 requires amendments to DOB’s rules regarding the locations of carbon monoxide detectors.  The local law added a requirement for carbon monoxide detectors in additional occupancy types and created retroactive requirements for existing buildings. 

The amendments to 1 RCNY 908-01 bring the rule in compliance with the provisions of Local Law 191. 

They also reflect a publication error that left out subdivision (e), so that the provisions that were supposed to be subdivisions (e), (f) and (g) became (f), (g) and (h).  Since these amendments are adding new subdivisions (e) and (h), only incorrectly lettered subdivision (h) is re-lettered. 

The Department of Buildings’ authority for these rules is found in sections 643 and 1043 of the City Charter, section 28-315.11 of the City Administrative Code and sections 908.7.3 and 908.7.3.1 of the Building Code. 

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Effective Date: 
Sat, 11/09/2019

Adopted Rules: Closed to Comments

Adopted Rules Content: 

 

*NOTE: Previously referred to as Proposed Rule - Amendment of Rules Regarding the Periodic Inspection   of Gas Piping Systems 

 

Statement of Basis and Purpose 

The rule adds a new Section 103-10 to Title 1 of the Rules of the City of New York (RCNY) regarding periodic inspections of gas piping systems.  This rule is intended to promote public safety by requiring the periodic inspection of gas piping systems in buildings and the correction of conditions identified by such inspection. 

This rule includes provisions related to the following that are intended to give effect to Local Law 152 of 2016:

  • Periodic inspection schedule and inspection requirements.
  • Inspector qualifications for performing periodic inspections of gas piping systems.
  • The required scope of inspection.
  • Inspection report and certification requirements.
  • Requirements for reporting unsafe or hazardous conditions.
  • Civil penalties for failure to file required certifications. 

DOB has made changes to the rule following the public comment period and public hearing.  These changes include: 

  • Changing the submission due dates specified in paragraph (a)(2) and cycle start dates of the periodic inspection schedule in paragraph (a)(3) so that there is sufficient time for compliance before the rule’s anticipated effective date.
  • Reconfiguring the submission due dates in paragraph (a)(2) and periodic inspection schedule in paragraph (a)(3) based on community district, rather than borough.  This change is intended to enable utility companies to more effectively allocate resources among service areas in response to reports of unsafe or hazardous conditions following inspections.  
  • Reconfiguring the submission due dates in paragraph (a)(2) and periodic inspection schedule in paragraph (a)(3) to recur every fourth calendar year, instead of every fifth year.  This change was made in order to better align the frequency of periodic inspection cycles with the requirement that inspections occur at least once every five years.
  • Reconfiguring the submission due dates in paragraph (a)(2) and periodic inspection schedule in paragraph (a)(3) to consist of four cycles, rather than five.  This change was made in order to better align the frequency of periodic inspection cycles with the requirement that inspections occur at least once every five years.
  • Specifying that the term “new building” in paragraph (a)(4) means a building, or any portion thereof, approved for occupancy by the Department after December 31, 2019—instead of 2018.  This change was made in light of the anticipated effective date of the rule.
  • Adding, in paragraph (d)(1)(ii), certain conditions and information required to be included in the inspection report.  This addition was made to provide clarity with respect to inspection reporting requirements.

The rule also makes a technical correction to Section 101-06(a) of Title 1 of the RCNY.

The Department of Buildings’ authority for this rule is found in sections 643 and 1043 of the New York City Charter, Article 318 of Title 28 of the New York City Administrative Code and Local Law 152 of 2016. 

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Effective Date: 
Wed, 10/23/2019

Adopted Rules: Closed to Comments

Adopted Rules Content: 

Statement of Basis and Purpose

 

The 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 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.

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Effective Date: 
Sun, 10/20/2019

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.

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Subject: 

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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: 
Thursday, August 22, 2019
Proposed Rules Content: 

 

 

Statement of Basis and Purpose of Proposed Rule

Local Law 196 of 2017, which went into effect on October 16, 2017, requires certain workers and supervisors at certain construction sites to have site safety training. Such training is being implemented in three parts, with 10 hours of training for workers being required by March 1, 2018, 30 hours of training for workers and 62 hours of training for supervisors being required by December 1, 2019, and 40 hours of training for workers being required by September 1, 2020. The rule would require that information pertaining to the site safety training requirements and applicable deadlines be available to workers and supervisors within construction sites. 

The Department of Buildings’ authority for these rules is found in sections 643 and 1043 of the New York City Charter and section 3301.9.5 of the New York City Building Code. 

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Subject: 

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

No contact

Adopted Rules: Closed to Comments

Adopted Rules Content: 

 

This rule takes effect 30 days after its publication; however, the amendments made by sections one, two and four through nine take effect on January 1, 2020.  This rule is published twice on NYC Rules to allow for the posting of the two different effective dates.

Statement of Basis and Purpose 

The Department of Buildings is amending sections 103-07 and 102-03 of Subchapters C and B, respectively, of Chapter 100 of Title 1 of the Rules of the City of New York. 

These amendments:

  • Replace the guidelines in the reference section with ANSI-approved standards for procedures required to perform energy audit and retro-commissioning in a uniform manner.  These standards detail a baseline process that should be applied to existing buildings.  The standards additionally identify the roles and responsibilities of all stakeholders.
  • Restrict the approved agency qualifications and registration for the submission of energy efficiency reports to Registered Design Professionals.   
  • Standardize testing protocols with functional performance testing, reformat testing criteria per base building system type, and clarify current facility requirements and sampling requirements.
  • Provide instructions for reporting of buildings on different blocks with shared base building systems and multiple covered buildings that are part of a cooperative corporation, requesting an extension of time to file report, comprehensive reviews, and challenges to violations.
  • Correct a reference in section 102-03 to an Administrative Code section that has been changed. 

The Department of Buildings’ authority for these rules is found in sections 643 and 1043 of the New York City Charter and Article 308 of Chapter 3 of Title 28 of the New York City Administrative Code.

 

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Effective Date: 
Wed, 01/01/2020

Adopted Rules: Closed to Comments

Adopted Rules Content: 

This rule takes effect 30 days after its publication; however, the amendments made by sections one, two and four through nine take effect on January 1, 2020.  This rule is published twice on NYC Rules to allow for the posting of the two different effective dates.

Statement of Basis and Purpose 

The Department of Buildings is amending sections 103-07 and 102-03 of Subchapters C and B, respectively, of Chapter 100 of Title 1 of the Rules of the City of New York. 

These amendments:

  • Replace the guidelines in the reference section with ANSI-approved standards for procedures required to perform energy audit and retro-commissioning in a uniform manner.  These standards detail a baseline process that should be applied to existing buildings.  The standards additionally identify the roles and responsibilities of all stakeholders.
  • Restrict the approved agency qualifications and registration for the submission of energy efficiency reports to Registered Design Professionals.   
  • Standardize testing protocols with functional performance testing, reformat testing criteria per base building system type, and clarify current facility requirements and sampling requirements.
  • Provide instructions for reporting of buildings on different blocks with shared base building systems and multiple covered buildings that are part of a cooperative corporation, requesting an extension of time to file report, comprehensive reviews, and challenges to violations.
  • Correct a reference in section 102-03 to an Administrative Code section that has been changed. 

The Department of Buildings’ authority for these rules is found in sections 643 and 1043 of the New York City Charter and Article 308 of Chapter 3 of Title 28 of the New York City Administrative Code.

 

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Effective Date: 
Sun, 08/04/2019

Proposed Rules: Closed to Comments

Agency:
Comment By: 
Thursday, August 8, 2019
Proposed Rules Content: 

 

Statement of Basis and Purpose of Proposed Rule 

Local Law 191 of 2018 requires amendments to DOB’s rules regarding the locations of carbon monoxide detectors.  The local law added a requirement for carbon monoxide detectors in additional occupancy types and created retroactive requirements for existing buildings. 

The proposed amendments to 1 RCNY 908-01 will bring the rule in compliance with the provisions of Local Law 191. 

They also reflect a publication error that left out subdivision (e), so that the provisions that were supposed to be subdivisions (e), (f) and (g) became (f), (g) and (h).  Since these amendments are proposing new subdivisions (e) and (h), only incorrectly lettered subdivision (h) needs to be re-lettered. 

The Department of Buildings’ authority for these rules is found in sections 643 and 1043 of the City Charter, section 28-315.11 of the City Administrative Code and sections 908.7.3 and 908.7.3.1 of the Building Code. 

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Location: 
Department of Buildings
280 Broadway, 5th 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

 

The Department of Buildings (DOB) is amending its electrical code rules to delete references to the electrical advisory board and to repeal sections that are no longer applicable.  The 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 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 renumbers 34-05 as 4000-01 in order to align the rule with the Department’s current rule numbering scheme.

Amendments are also being made 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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Effective Date: 
Thu, 07/11/2019

Proposed Rules: Closed to Comments (View Public Comments Received:20)

Agency:
Comment By: 
Tuesday, March 12, 2019
Proposed Rules Content: 

Statement of Basis and Purpose

 

The Department of Buildings is amending sections 103-07 and 102-03 of Title 1 of the Rules of the City of New York.

 

These amendments:

  • Replace the guidelines in the reference section with ANSI-approved standards for procedures required to perform energy audit and retro-commissioning in a uniform manner.  These standards detail a baseline process that should be applied to existing buildings.  The standards additionally identify the roles and responsibilities of all stakeholders.
  • Restrict the approved agency qualifications and registration for the submission of energy efficiency reports to Registered Design Professionals.   
  • Standardize testing protocols with functional performance testing, reformat testing criteria per base building system type, and clarify current facility requirements and sampling requirements.
  • Provide instructions for reporting of buildings on different blocks with shared base building systems and multiple covered buildings that are part of a cooperative corporation, requesting an extension of time to file report, comprehensive reviews, and challenges to violations.
  • Correct a reference in section 102-03 to an Administrative Code section that has been changed.

 

The Department of Buildings’ authority for these rules is found in sections 643 and 1043 of the New York City Charter and Article 308 of Chapter 3 of Title 28 of the New York City Administrative Code.

 

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

No contact

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