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

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Agency:
Comment By: 
Monday, December 30, 2019
Proposed Rules Content: 

 

Statement of Basis and Purpose of Rule

 

The purpose of these proposed rule amendments is to clarify the qualifications and responsibilities of qualified exterior wall inspectors, as well as the requirements for exterior wall inspections and repairs.  Recent inspections have revealed significant deficiencies in façade compliance reporting by registered design professionals; therefore, the Department is enhancing the qualified exterior wall inspector qualifications, inspection requirements and civil penalties against owners to ensure public safety.

 

The rule:

  • adds new requirements regarding the experience and responsibilities of the Qualified Exterior Wall Inspector (QEWI) to ensure inspectors have appropriate knowledge of exterior walls and how to conduct inspections of those walls;
  • adds a new requirement that owners post and maintain the building facade status in the lobby in a manner similar to elevator certificates, to alert the building occupants of the exterior wall status;
  • adds a new requirement for close-up inspections to be performed at intervals of not more than 60’-0” fronting each public right-of-way in order to allow for more thorough inspections of the exterior wall;
  • adds a new requirement that the QEWI probes whether ties are present and in good condition at cavity wall buildings in every odd cycle because there have been recent failures of cavity walls due to missing or deficient ties;
  • requires photographic evidence of close-up inspections in progress to guard against false filings;
  • increases civil penalties and adds a new one for failure to correct “safe with a repair and maintenance program” (SWARMP) conditions to compel owners to maintain exterior walls in a safe condition;
  • modifies the criteria for waiving civil penalties; and
  • makes plain language revisions throughout. 

The Department of Buildings’ authority for this rule is found in sections 643 and 1043 of the New York City Charter and Article 302 of Title 28 of the New York City Administrative Code.

 

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

No contact

Adopted Rules: Closed to Comments

Adopted Rules Content: 

Statement of Basis and Purpose 

The rule adds a new Section 104-12 to Title 1 of the Rules of the City of New York (RCNY) regarding gas work qualifications. This rule promotes public safety by specifying requirements for obtaining gas work qualifications required for performing gas work within the City of New York.

This rule includes provisions related to the following that are intended to give effect to Local Law 150 of 2016:

  • Requirements for applications for a gas work qualification, including examination, experience and education requirements.
  • Requirements for applications for a limited gas work qualification, including experience and education requirements.
  • Requirements for documentation purporting to verify claimed education, training and experience submitted with applications for a gas work qualification or a limited gas work qualification.
  • Requirements for demonstrating that a person holds a gas work qualification or a limited gas work qualification while engaged in gas work.
  • Expiration and renewal of a gas work qualification and a limited gas work qualification.

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

  • Defining the terms “direct and continuing supervision,” “personal and immediate supervision,” and “direct employ” in order to provide clarity with respect to the operation of such terms for purposes of the rule.
  • Specifying, in subparagraph (i) of paragraph (5) of subdivision (a), the requirements for proving personal and immediate supervision in order to provide clarity to supervising individuals.
  • Clarifying that the application fee, where applicable, for a gas work qualification and a limited gas work qualification will be as specified in section 101-03 of the rules of the Department.
  • Adding provisions under subdivision (e), regarding the issuance of gas work and limited gas work qualification cards and requirements for demonstrating that a person holds a gas work qualification or limited gas work qualification while engaged in gas work. These provisions were added to address enforcement considerations associated with implementation of the rule.

The Department of Buildings’ authority for this rule is found in sections 643 and 1043 of the New York City Charter, Article 423 of Chapter 4 of Title 28 of the New York City Administrative Code and Local Law 150 of 2016.

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Effective Date: 
Sat, 12/07/2019

Proposed Rules: Closed to Comments

Agency:
Comment By: 
Monday, November 25, 2019
Proposed Rules Content: 

Statement of Basis and Purpose of Rule

The Department of Buildings (DOB) is amending Section 103-06 of Title 1 of the Rules of the City of New York relating to the annual reporting of energy and water use by individual “covered” buildings.  This amendment will provide for the issuance of a violation with a monetary penalty to the owner of any covered building for the failure to annually post the energy efficiency grade and the energy efficiency score achieved by the building.  The amendment will also provide a basis to challenge the issuance of a violation for failing to comply with the annual posting requirements.

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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 Substantial Need for Earlier Implementation  

I hereby find, pursuant to §1043(f)(1)(c) of the New York City Charter, and hereby represent to the Mayor, that there is substantial need for the implementation of the new rule section 3301-03 in Chapter 3300 of Title 1 of the Rules of the City of New York, regarding placing worker safety information on construction fences.  

Construction safety is a critical concern for the Department.  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. To date, the training is required at nearly 8,600 construction sites throughout New York City.  Given that this training requirement will apply to many thousands of workers throughout New York City, it is imperative that they know when the training is required and the number of hours of training they will need to be safe and to continue working on construction sites where the training is mandated.

Statement of Basis and Purpose of 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 requires 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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Effective Date: 
Tue, 10/15/2019

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: 

.

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

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