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Proposed Rules: Open to Comments

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Agency:
Comment By: 
Thursday, September 14, 2017
Proposed Rules Content: 

 

Statement of Basis and Purpose of Proposed Rule

 

This proposed 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

 o   variation of the Construction Codes

 o   variation of the 1968 or prior Building Code

 o   variation of section 277.16 of the New York State Multiple Dwelling Law (MDL) for Article 7B buildings

 o   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

 o   appeal after two reviews that consist of (1) a plan examination objection and (2) an affirmation of that

      objection (“Appeal Determination”)

 o   appeal of an Appeal Determination.

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, or a pre-determination or determination interpreting certain provisions of the Zoning Resolution or the Codes, Appeal Determinations and appeals from such determinations.  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.  .

The proposed rule adds fees for processing variations, pre-determinations, Appeal Determinations and appeals from such determinations using either a ZRD1 or CCD1 Form or any subsequently created determination form.  These fees will cover the administrative costs incurred by the Department in reviewing these requests and appeals.

Pursuant to section 1043(d)(4)(iii) of the New York City Charter, certification of this proposed rule pursuant to Local Law 46 of 2010 is not required.

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Location: 
Department of Buildings
280 Broadway, 3rd floor conference room
New York, NY 10007
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Download Copy of Proposed Rule (.pdf): 

Proposed Rules: Open to Comments

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Agency:
Comment By: 
Tuesday, August 29, 2017
Proposed Rules Content: 

 

Statement of Basis and Purpose

The proposed rule would regulate 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 proposed 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.
  2. 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 proposed 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.) 

The Department of Buildings’ authority to promulgate this rule and repeal RS 16 is found in sections 643 and 1043 of the New York City Charter, section 104.1 of the New York City Plumbing Code and section 28-103.19 of the 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: 
Thursday, August 17, 2017
Proposed 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 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 proposed 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, would add a new exemption #7.

Specifically, the proposed amendment would exempt 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 proposed 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 proposed amendment would sunset 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 proposed exemption is in place towards qualification to obtain the mini crane license.

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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Subject: 

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

No contact

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

Agency:
Comment By: 
Tuesday, August 8, 2017
Proposed 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 proposed 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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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: 
Thursday, July 20, 2017
Proposed Rules Content: 

                                                             Statement of Basis and Purpose

 

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 proposal 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 proposed 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 proposed 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 proposed 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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Subject: 

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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 sections 104-05, 104-06, 104-20 and 104-21 of Title 1 of the Rules of the City of New York relating to reinstatement of license, continuing education requirements, and supervisory responsibilities of riggers and sign hangers and repealing sections 11-01 and 25-01 relating to elevator inspection agencies and climber and tower crane riggers.  

The amendments to sections 104-05, 104-06, 104-20 and 104-21 more accurately reflect the current process for reinstatement of licenses as well as continuing education requirements.  Applicants need to be able to demonstrate employment when not on the payroll of a licensee in order to be reinstated.  The rule spells out what is necessary to provide as proof of employment and complies with a recent New York Supreme Court decision on the subject. 

In addition, the rule requires Construction Superintendents to take an eight (8)-hour course for renewal.  This brings the course requirements in line with section 3301-02 of Title 1 of the Rules of the City of New York.  To keep requirements consistent across disciplines, the rule also requires Site Safety Managers and Site Safety Coordinators to take an eight (8)-hour refresher course. 

Sections 11-01 and 25-01 are repealed because their provisions have been moved to Chapter 4 of the City Administrative Code. 

The rule also includes minor plain language revisions. 

DOB’s authority for this rule is found in Sections 643 and 1043(a) of the New York City Charter, Sections 28-401.13 and 28-401.14, and Articles 404 and 415 of the City Administrative Code. 

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Effective Date: 
Thu, 05/25/2017

Adopted Rules: Closed to Comments

Adopted Rules Content: 

 

Statement of Basis and Purpose of Rule 

In 2015, the Department of Buildings established the Crane Rule Advisory Committee (“the committee”), made up of over three dozen representatives of crane and derrick manufacturers, filing engineers, operating engineers, riggers, and construction firms.  The committee has been engaged in a multi-phase effort to update the city’s rules for cranes and derricks, which are contained in 1 RCNY 3319-01.  Phase 1 was completed in January 2016.  The rule amendments herein represent the second phase of this effort.  The department anticipates a third phase to culminate in additional rule amendments in the second half of 2017. 

The amendments incorporate recommendations made by the Department’s June 2009 High Risk Construction Oversight (“HRCO”) study that pertain to cranes and derricks, as well as recommendations made by the Crane Safety Technical Working Group (“TWG”), appointed by Mayor Bill de Blasio and Buildings Commissioner Rick Chandler following the February 2016 crane collapse in Tribeca. 

These amendments address the following issues related to cranes:

  •  Safety related to high winds
  •  Inspections
  •  Documentation    
  •  Engineering plans
  •  Operations near powerlines 

Highlights of the amendments include: 

subdivision (b) 

  • Adds new and revises existing definitions.
  • Revises the definition for self-erecting tower cranes to clarify that self-erecting tower cranes are a subset of tower cranes and cannot be considered a mobile crane.  The amendments also recognize that self-erecting tower cranes are different from standard tower cranes and include amendments which apply or exclude existing tower crane requirements to self-erecting tower cranes, as appropriate.  This reflects the recommendation of the TWG to create rules that apply to self-erecting tower cranes (TWG Recommendation #7). 

subdivision (c) 

  • Clarifies existing circumstances where a certificate of on-site inspection is not required and consolidates them under paragraph (1).  Currently, exceptions 1.1, 1.2, and 2.3 are found in paragraph (5) of subdivision (g) of the rule; exceptions 2.1 and 2.2 are found in paragraph (3) of subdivision (g) of the rule; exception 1.4 was found in 27-1057(d)(4) of the New York City administrative code.
  • Adds new provisions to restrict the use of exception 1.4 only to instances where the crane imposes a limited load on the ground, and does not impact underground infrastructure such as vaults or subway tunnels.
  • Adds Exception 1.3, which authorizes work related to the placement of a sidewalk shed or the initial level of a construction hoist without a certificate of on-site inspection.
  • Establishes a new requirement, Paragraph (5) of subdivision (c), to notify the Department in advance of specified crane or derrick activities.  The notification requirement was recommended by HRCO (HRCO Recommendation C-17). 

subdivision (d) 

  • Clarifies the rule to specify the type of information that the filing engineer for a tower crane installation in New York City must provide to the manufacturer of the tower crane, as well as the information the tower crane manufacturer must submit to the city. 

subdivision (e) 

  • Recognizes European standard, EN 16228, for the design of pile drivers.
  • Recognizes recent editions of standards published by the American Society of Mechanical Engineers (ASME) for the design of cranes and derricks.
  • These and other instances throughout the amendments where model standards are adopted reflect the recommendation of the TWG to adopt relevant model standards for cranes and rigging (TWG Recommendation #8). 

subdivision (g) 

  • Completely revises the provisions in subdivision (g) related to the certificate of on-site inspection, which authorizes the use of a crane or derrick at a specific location within New York City.
  • Identifies the types of plans, calculations, and supporting documents that must be submitted with the application for a certificate of on-site inspection.
  • Requires that bolt and torque information be shown on the crane or derrick notice plan, as recommended by HRCO (HRCO Recommendation C-2).
  • Requires that load test procedures in subparagraph (iii) of paragraph (2) to be submitted as part of the application for a certificate of on-site inspection, as recommended by HRCO (HRCO Recommendation C-15).
  • Requires in subparagraph (v) of paragraph (2) that a New York State professional engineer must detail the wind restrictions for the crane or derrick, as well as the procedures to secure the crane or derrick in the event of wind.  The requirement for a wind action plan was recommended by the TWG (TWG Recommendation #19).
  • In Paragraph (6), allows the foundation, anchor stool, and first mast section of a tower crane to be installed prior to the approval of the application for the certificate of on-site inspection; this provision ensures proper alignment of the tower crane to the foundation and was recommended by HRCO (HRCO Recommendation C-9).
  • In Paragraphs (7) and (8) establishes a new signoff inspection for the certificate of on-site inspection.  This signoff will require a representative of the filing engineer and other specified personnel to inspect the crane or derrick at the job site to verify conformance with the approved plans.  This was recommended by the TWG (TWG Recommendation #13).
  • Requires an engineer to observe the tie-in installation as part of the signoff process, as recommended by HRCO (HRCO Recommendation C-8). 

subdivision (h) 

  • Establishes a new requirement for a crane or derrick log to be maintained at the job site.  The log must contain specified meeting and inspection records, as well as other applicable information.  The existing requirements in subdivision (h) are currently superseded by the requirements of Chapter 2 of Title 28 of the New York City administrative code. 

subdivision (i)

  • Consolidates and clarifies existing requirements for the licensing and training of personnel associated with the use of a crane or derrick in subdivision (i).
  • Exceptions 1 and 2 to paragraph (1) cross reference existing code exemptions.  Exception 3 is currently found in paragraph (1) of subdivision (p).  Exception 4 is currently found in subdivision (a), and is rewritten to cross reference parallel requirements in the building code.  Exceptions 5 and 6 are new proposals.  Exception 5 mirrors exception 1.3 of paragraph (1) of subdivision (c).  Exception 6 authorizes dedicated pile drivers to be operated by individuals who hold a recognized national certification for pile drivers.
  • Paragraphs (6) and (7) adopt requirements from OSHA 1926 Subpart CC regulations related to personnel who assemble or disassemble a crane or derrick and add additional New York City training requirements.  Among other things, these paragraphs require that an assembly/disassembly director must be designated, and that the assembly/disassembly director is charged with ensuring compliance with the approved assembly/disassembly plan; this was recommended by the TWG (TWG Recommendation #12). 

subdivision (k) 

  • Revised the existing provisions related to crane and derrick inspections in subdivision (k).
  • Adopts in Paragraph (1) of subdivision (k) ASME requirements for frequent crane or derrick inspections, with modifications to account for unique conditions in New York City.  The requirement for the frequent inspection of the crane to be performed prior to each shift, and to be documented, was recommended by the TWG (TWG Recommendation #15).
  • Establishes in Paragraph (2) a new requirement for the hosting machine operator to inspect their machine at the end of the shift to verify it has been properly secured for out of service conditions.  This inspection was recommended by the TWG (TWC Recommendation #18).
  • Renumbers in Paragraphs (3) and (4) existing text related to periodic inspections and inspections of cranes or derricks that have been idle for a specified period of time.  Edits were made to reflect the structure of the revised rule.  The technical specifications of the inspections will be revisited in a future phase of the crane rule revision process.
  • Creates a new section (Paragraph (6)) which requires certain special inspections be performed on cranes and derricks.  This was recommended by HRCO (HRCO Recommendations C-8 & C-9). 

subdivision (r) 

  • Adopts ASME requirements for signals, and cross references existing training and certification requirements for signalpersons in the New York City building code. 

subdivision (s) 

  • Adopts in Paragraph (1) provisions from HRCO (HRCO Recommendation C-5) related to crane counterweights.
  • Adopts in Paragraph (3) requirements from OSHA 1926 Subpart CC regulations concerning crane operations near a power line. NYC’s existing regulations for crane operations near a power line are currently superseded by these OSHA requirements.  The amendment also requires that certain information related to crane operations near a power line must be submitted as part of the application for a certificate of on-site inspection.
  • Paragraphs (5), (6) and (7) cross reference existing provisions related to cranes used in demolition, as well as to existing Department of Transportation requirements.
  • Moves existing provisions from subdivisions (t), (u), and (v) to subdivision (s). 

subdivision (t)

  • Consolidates and clarifies wind and weather restrictions for cranes and derricks in subdivision (t).
  • Relocates the requirement currently found in paragraph (2) of subdivision (s) prohibiting the operation of cranes and derricks in winds of over 30mph to subdivision (t), and clarifies in paragraphs (3) and (4) the difference between start of work and in-service scenarios.
  • Creates a new requirement in paragraph (7) that the wind be measured via an anemometer installed on the crane or at the site, as recommended by the TWG (TWG Recommendation #4).
  • Clarifies in Paragraphs (1) and (2) of subdivision (t) that the hoisting machine operator must review and follow the requirements of the wind action plan and the applicable procedures of the equipment manufacturer.
  • Expands in Paragraph (5) the wind and weather restrictions that apply to assembly/disassembly operations. 

subdivision (u) 

  • Requires that plans and documents must be maintained at the site, available to the hoisting machine operator, lift director, and assembly/disassembly director. 

subdivision (w) and (x) 

  • Cross references existing requirements of the New York City administrative code.

 

The Department of Buildings’ authority for these rules is found in sections 643 and 1043 of the New York City Charter and section 3319.1 of the New York City Building Code. 

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Effective Date: 
Wed, 05/24/2017

Adopted Rules: Closed to Comments

Adopted Rules Content: 

 

Statement of Basis and Purpose of Rule 

The Crane Safety Technical Working Group (“TWG”), appointed by Mayor Bill de Blasio and Buildings Commissioner Rick Chandler following the February 2016 crane collapse in Tribeca, recommended that a lift director be “present at the jobsite full time, charged with supervising the overall activity of the crane and monitoring compliance with city crane regulations.”  (TWG recommendation #14) 

This rule:

  • mandates that a lift director be present at a construction site while a crane or derrick is performing certain tasks; and
  • identifies responsibilities for the lift director. 

The responsibilities of the lift director are based on those established by the B30 model standards for cranes, derricks, and rigging published by the American Society of Mechanical Engineers (“ASME”).  Additional requirements are also added for the lift director to verify compliance with New York City regulations and to ensure weather conditions are monitored and the crane or derrick properly secured.  The requirement to monitor weather conditions was recommended by the TWG (TWG recommendation #16).

The rule empowers the lift director to issue orders to personnel or to stop crane, derrick, or rigging operations when the lift director discovers a violation of safety protocols listed in the rule.  Where violations of safety protocols listed in the rule are not immediately corrected, the lift director is obligated to report the violation to the Department of Buildings. 

Further, the rule establishes a designation and notification system for the department to be informed of the lift director at the site.  It also requires the lift director to review relevant plans, and to hold a pre-shift meeting with relevant personnel.  The requirement for a pre-shift meeting was recommended by the TWG (TWG recommendation #15). 

The Department of Buildings’ authority for these rules is found in sections 643 and 1043 of the New York City Charter and section BC 3319 of the New York City Building Code. 

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Effective Date: 
Wed, 05/24/2017

Adopted Rules: Closed to Comments

Adopted Rules Content: 

Statement of Basis and Purpose

The rule:

  • relocates the Department of Buildings (DOB) Penalty Schedule from the Office of Administrative Trials and Hearings Environmental Control Board (OATH ECB) rules in Chapter 3 of Title 48 of the Rules of the City of New York to DOB’s rules in Chapter 100 of Title 1 of the Rules of the City of New York;
  • updates the schedule as needed to reflect recently adopted rules;
  • provides clearer and more concise language; and
  • reduces default penalties upon proof of compliance with applicable law.

Although OATH ECB is empowered to impose penalties under the New York City Charter and has until now promulgated penalty schedules, the enforcement agencies have the expertise to recommend appropriate penalties based on the severity of each violation and its effect on City residents. Moving the penalty schedule will also make it easier for the public to find the penalties, which will be located within the same chapter as the rules supporting the violations alleged in the summonses. Finally, the rule relocation will speed up the rulemaking process by eliminating the need for OATH ECB approval of proposed or amended penalties for agency rules that have already gone through the City Administrative Procedure Act (CAPA) rulemaking process.  The public will still have the opportunity to comment on proposed penalties during this process.

The schedule has also been updated to add new penalties amounts for violations of the Energy Conservation Code (“ECC”), which can be found in Chapter 10 of Title 28 of the New York City Administrative Code. The penalty amounts range from $300 to $10,000. 

Working with the City’s rulemaking agencies, the Law Department, OMB, and 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. This rule meets the criteria for this initiative.

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

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Effective Date: 
Wed, 05/10/2017

Proposed Rules: Closed to Comments

Agency:
Comment By: 
Friday, April 14, 2017
Proposed Rules Content: 

 

Statement of Basis and Purpose 

The Department of Buildings (DOB) is proposing to amend sections 104-05, 104-06, 104-20 and 104-21 of Title 1 of the Rules of the City of New York relating to reinstatement of license, continuing education requirements, and supervisory responsibilities of riggers and sign hangers and to repeal sections 11-01 and 25-01 relating to elevator inspection agencies and climber and tower crane riggers.  

The amendments to sections 104-05, 104-06, 104-20 and 104-21 more accurately reflect the current process for reinstatement of licenses as well as continuing education requirements.  Applicants need to be able to demonstrate employment when not on the payroll of a licensee in order to be reinstated.  The proposed rule spells out what is necessary to provide as proof of employment and complies with a recent New York Supreme Court decision on the subject. 

In addition, the proposed rule requires Construction Superintendents to take an eight (8)-hour course for renewal.  This brings the course requirements in line with section 3301-02 of Title 1 of the Rules of the City of New York.  To keep requirements consistent across disciplines, the proposed rule also requires Site Safety Managers and Site Safety Coordinators to take an eight (8)-hour refresher course. 

Sections 11-01 and 25-01 are being repealed because their provisions have been moved to Chapter 4 of the City Administrative Code. 

The proposed rule also includes minor plain language revisions. 

DOB’s authority for this rule is found in Sections 643 and 1043(a) of the New York City Charter, Sections 28-401.13 and 28-401.14, and Articles 404 and 415 of the City Administrative Code. 

New material is underlined. 

[Deleted material is in brackets.]

 

 

 

 




Subject: 

.

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

No contact

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