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Proposed Rules: Open to Comments

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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: Open to Comments

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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  The rules to be repealed relate to: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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Contact: 

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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: Open to Comments

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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

Proposed Rules: Closed to Comments

Agency:
Comment By: 
Friday, November 17, 2017
Proposed 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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Location: 
Department of Buildings
280 Broadway, 3rd floor conference room
New York, NY 10007
Contact: 

No contact

Adopted Rules: Closed to Comments

Adopted Rules Content: 

 

Statement of Basis and Purpose

 

The Department of Buildings (DOB) is amending section 103-07 of Title 1 of the Rules of the City of New York relating to the qualifications for energy auditors and retro-commissioning agents. 

These amendments:

  • Remove the New York State Energy Research and Development Authority- (NYSERDA) approved Flex Tech consultant from the list of qualifications for an energy auditor.  This certification was intended for early compliance pursuant to the Administrative Code.  Auditors who don’t meet any of the other qualifications are using the Flex Tech consultant listing beyond the intended early compliance timeframe. In addition, the NYSERDA Flex Tech Consultant certification is firm-wide, so there is no way to be sure that the actual individual(s) performing the work are certified. 
  • Add the Certified Commissioning Authority (CxA) Certification to the qualifications of retro-commissioning agents.  Adding this qualification will increase the number of individuals who can provide retro-commissioning services.  Additionally, the CxA has also received American National Standards Institute (ANSI) accreditation and Department of Energy Better Buildings recognition. 
  • Add the Building Commissioning Professional (BCxP) certification, which the American Society of Heating, Refrigerating and Air-Conditioning Engineers (ASHRAE) is now granting as it phases out the Commissioning Process Management Professional (CPMP) certification over the next three years.

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: 
Mon, 11/13/2017

Adopted Rules: Closed to Comments

Adopted Rules Content: 

 Statement of Basis and Purpose of Rule 

New York City Council’s Local Laws 91 and 125 of 2016 were enacted on August 3, 2016 and October 18, 2016 respectively, and went into effect on October 3, 2016 (with Local Law 125 taking effect retroactive to October 3, 2016 upon its enactment).  They update the New York City Energy Conservation Code (“City Energy Code”) to comply with the requirements of the State Energy Law and the 2016 updates to the New York State Energy Code (“State Energy Code”). This amends the rule implementing the City Energy Code, 1 RCNY 5000-01, to conform to the changes to the City Energy Code in Local Laws 91 and 125. The rule also reflects changes in the State Energy Code regarding specific tests, inspections and code references. 

Specifically, this amendment to Section 5000-01:

  • adds and removes progress inspections to correspond to City Energy Code requirements that come into effect with Local Laws 91 and 125 of 2016, including two new required progress inspections related to solar-ready requirements and air sealing and insulation testing.
  • clarifies the versions of REScheck and COMcheck which may be used to demonstrate compliance with the City Energy Code.
  • clarifies the requirements for submitting supporting documentation. 

References in this rule to the Administrative Code or the New York City Energy Conservation Code mean the Administrative Code of the City of New York or the New York City Energy Conservation Code, respectively, as amended by Local Laws 91 and 125. 

The Department of Buildings’ authority for this rule is found in sections 643 and 1043 of the New York City Charter.  Section 5 of Local Law 91 authorizes DOB to promulgate rules implementing the changes to the City Energy Code.  Section 3 of Local Law 91 repeals and replaces section 28-1001.2 of the Administrative Code, and includes authority for DOB to issue this rule. Local Law 125 makes additional amendments to Chapter 10 of Title 28 of the Administrative Code for consistency with the August 2016 amendments to the New York State Energy Code.

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Effective Date: 
Fri, 10/20/2017

Adopted Rules: Closed to Comments

Adopted Rules Content: 

 

Statement of Basis and Purpose 

The proposed rule regulates the design, construction, installation, alteration, maintenance and operation of individual private on-site sewage disposal systems when a permit is also issued for the construction or alteration of a building. 

This rule is needed because the current individual private on-site sewage disposal system requirements are found in numerous locations and need to be updated and consolidated. 

Existing Requirements

Installation of individual private on-site sewage disposal systems is currently governed by the New York City Charter (the Charter), the New York City Plumbing Code and a number of different entities, including: 

  • the New York City Department of Environmental Protection (DEP),
  • the Department of Buildings (DOB)
  • the New York State Department of Environmental Conservation (DEC),
  • the New York City Department of Health and Mental Hygiene (DOHMH), and,
  • the New York State Department of Health (NYS DOH). 

The text below describes the various areas of regulation overseen by these different entities. 

  1. Section 643(5)(iii) of the Charter provides that DOB may approve the installation of and issue a permit for the construction of an individual private on-site sewage disposal systemin conjunction with the issuance of a permit for the construction of a building and may prescribe standards and specifications, in consultation with DEP, for the installation of such systems. 
  1. Section PC 105.6(2) of the Plumbing Code provides that in conjunction with the issuance of a permit for the construction or alteration of a structure within the curb line, DOB may issue a permit for connection with a sewer or drain. PC 701.2 allows individual private on-site sewage disposal systems to be installed where neither a sanitary nor a combined sewer is available to which connection is feasible. 
  1. New York State Environmental Conservation Law Section 17-0803 states that a State Pollutant Discharge Elimination System (SPDES) permit from DEC is required for the construction and operation of a disposal system, except that per 6 NYCRR Section 750-1.5(a)(4)(i), DEC’s approval is not required for the construction and use of a new or modified disposal system whose total discharge to the ground water is less than 1,000 gallons per day of sewage wastewater containing no industrial or non-sewage wastes. 
  1. Per 24 RCNY 143.11 of the New York City Health Code, no individual private on-site sewage disposal system is allowed to serve subdivision realty developments with 15 or more dwellings unless DOHMH determines that it is more practicable to construct individual systems rather than a community system, because of physical or engineering difficulties, estimated cost of construction or other pertinent considerations. Therefore, prior to DOB’s construction document approval for an individual private on-site sewage disposal system serving a tax or zoning lot that contains 15 or more dwelling units, an applicant must submit to DOB a determination from the DOHMH that an individual private on-site sewage disposal system is allowed. Without such a determination from DOHMH, applicants must obtain from DOHMH a permit to construct and maintain a community private sewage disposal system for the disposal of sewage from all of the dwellings within the subdivision development. 
  1. Pursuant to Public Health Law Section 201, NYS DOH regulates sanitary aspects of sewage disposal and controls the pollution of state waters. NYS DOH regulations in 10 NYCRR Part 75 and Appendix 75-A set forth the minimum standards acceptable in New York State for individual sewage treatment systems. However, jurisdiction over the design and construction of individual sewage treatment systems serving residential properties in quantities of less than 1,000 gallons per day, including the authority to grant general, specific and local waivers from Appendix 75-A standards, was transferred by the NYS DOH to DOB pursuant to a letter dated June 7, 1996. Therefore, NYS DOH’s approval is not required for such systems. 
  1. The current individual private on-site sewage disposal system requirements are found in the DEP Interim Procedure for Individual On-Site Wastewater Disposal Systems dated April 9, 1991, Reference Standard RS 16 Section P113.0 of the 1968 New York City Building Code and in Operations Policy and Procedure Notice #6/99 (RS 16). 

Rule Amendments 

The rule: 

  • modifies existing standards to promote safer and more reliable individual private on-site sewage disposal systems consistent with the minimum state standards,
  • is more user-friendly and easier to navigate, and,
  • repeals RS 16 relating to plumbing, drainage and gas piping because all requirements contained therein have been incorporated into this rule and the Plumbing Code. (Provisions of RS 16 relating to individual private on-site sewage disposal systems will continue to be enforced by the Department pending the promulgation of this rule.)


Effective Date: 
Wed, 10/18/2017

Adopted Rules: Closed to Comments

Adopted Rules Content: 

Statement of Basis and Purpose

 

The Department of Buildings (DOB) is amending section 105-02 of Title 1 of the Rules of the City of New York relating to tax abatements for solar electric generating systems.  These amendments modify the prohibition of ballast for grade-level installations and clarify requirements of the New York City Building Code which apply to ballast systems.

 

The rule currently prohibits ballast at grade level, which is permitted by the Building Code.  The Code also prohibits the use of aggregate as ballast on roofs because New York City is in a hurricane zone.  The amendments clarify the usage of ballast and aggregate.

 

DOB’s authority for this rule is found in Section 643 and 1043(a) of the New York City Charter and Title 4-C of Article 4 of the Real Property Tax Law of New York State.

 

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Effective Date: 
Fri, 10/06/2017

Adopted Rules: Closed to Comments

Adopted Rules Content: 

Statement of Basis and Purpose of Rule

 

Section 28-405.1 of article 405 of chapter 4 of title 28 of the New York City Administrative Code (“Article 405”) authorizes the Department of Buildings (“the Department”) to exempt, via rule, “operators of mobile cranes of a limited size and capacity” from licensing requirements that would ordinarily apply to any person who takes charge or operates any power-operated hoisting machine used for hoisting purposes or cableways.  The amendment to paragraph (1) of subdivision (i) of section 3319-01 of title 1 of the Rules of the City of New York, which contains such licensing exemptions, adds a new exemption #7. 

Specifically, the amendment exempts mobile cranes with a telescopic or hydraulic boom, including jibs and any other extensions to the boom, not exceeding 50 feet (15.24 m) in length with a manufacturer’s rated capacity of 3 tons (2.72 t) or less, otherwise known as “mini cranes”, from the licensing requirements of Article 405, so long as the operator has completed a manufacturer or nationally-recognized certification program that is acceptable to the Department.  The licensing requirements in Article 405 require a person to be licensed as a hoisting machine operator in order to operate a hoisting machine, and require 2 to 3 years of experience training under a licensed hoisting machine operator in order to obtain a license. 

The amendment addresses the use of mini cranes in the construction industry, which represent a new and evolving class of technology, but do not fit into the current licensing classifications of Article 405, which are predominately geared towards larger cranes. 

The amendment sunsets on January 1, 2022.  In the meantime, the Department will pursue legislation to create a new licensing class specifically for mini cranes.  The Department will also count experience obtained using a mini carne while the exemption is in place towards qualification to obtain the mini crane license. 

The authority of the Department to establish 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, 10/06/2017

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