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Adopted Rules: Closed to Comments

Adopted Rules Content: 

 

 

Statement of Basis and Purpose of Rule

 

This rule adds a new Section 102-05 to Subchapter B of Chapter 100 of Title 1 of the Rules of the City of New York relating to penalties for failure to certify correction of certain immediately hazardous violations.  Section 28-219.1 of the Administrative Code sets out a range for these penalties. This rule establishes specific amounts within that range and separates 1- and 2-family dwellings from other kinds of buildings, as is done in many other provisions of the Administrative Code and Rules of the City of New York.

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 28-219.1 of the New York City Administrative Code.

 

New material is underlined.

 

Effective Date: 
Sat, 10/03/2020

Adopted Rules: Closed to Comments

Adopted Rules Content: 

Statement of Basis and Purpose 

The rule updates the penalty amounts for violations related to several provisions of Chapter 33 of the Building Code in order to conform to DOB’s methodology for calculating penalty amounts. 

Specifically, the rule amends section 102-01 of Title 1 of the Rules of the City of New York to:

  • Indicate that violations charged as “Aggravated I” are never eligible for Cure, Stipulation, or Mitigation even if there is a “Yes” in the corresponding column of the Buildings Penalty Schedule for that violation description;
  • Add civil penalties for failure to submit a Tenant Protection Plan (“TPP”) pursuant to Administrative Code § 28-120.1 as required in Local Law 106 and 118 of 2019;
  • Amend existing penalties for failure to post and distribute Notice of TPP to reflect the preferred charging section;
  • Remove an existing Class 1 penalty related to Administrative Code § 28-210.1;
  • Amend existing penalties related to Administrative Code § 28-211.1 as required in Local Law 118 of 2019, doubling penalties related to the filing of documents that make material false statements;
  • Amend existing Class 2 penalties related to miscellaneous provisions of the Administrative Code and New York City Building Code to match the statutory maximum for Class 2 penalties;
  • Amend existing Class 2 penalties related to miscellaneous provisions of the Administrative Code and the Zoning Resolution of the City of New York to allow Cures for these penalties in accordance with an initiative by the Department of Small Business Services;
  • Amend existing penalties related to several provisions of Chapter 33 of the Building Code in order to conform to DOB’s methodology for calculating penalty amounts (DOB’s methodology sets the “Aggravated I” penalty at two and a half times the Standard penalty, both the “Standard Default” and “Aggravated II” penalties at five times the Standard penalty, and the “Aggravated II Default” penalty at the statutory maximum);
  • Remove Cures for two existing Class 1 penalties related to 1 RCNY § 3319-02(j)(3) and miscellaneous violations of the Energy Conservation Code’s residential provisions because Class 1 penalties are not eligible for Cure; and
  • Amend an existing Class 3 penalty related to § 28-104.8.4.3, which was incorporated into § 28-120.1.3 pursuant to Local Law 106 of 2019. 

DOB’s authority for this rule is found in Sections 643 and 1043(a) of the New York City Charter, Local Laws 106 and 118 of 2019, and Section 28-201.2 of the Administrative Code of the City of New York.

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Effective Date: 
Fri, 09/18/2020

Adopted Rules: Closed to Comments

Adopted Rules Content: 

 

Statement of Basis and Purpose 

New York City Council’s Local Law 48 of 2020 (LL 48) was enacted on March 29, 2020, and went into effect on May 12, 2020.  LL 48 updates the New York City Energy Conservation Code (“City Energy Code”) to comply with the requirements of the State Energy Law and the 2020 updates to the New York State Energy Conservation Construction Code (“State Energy Code”).

This rule amends 1 RCNY 5000-01, 5000-02 and 101-07 to conform to the City Energy Conservation Code and to implement code requirements.

This rule amends the referenced rules as follows: 

1 RCNY 5000-01

  • adds and removes progress inspections to correspond to City Energy Code requirements that come into effect with Local Law 48 of 2020, including two new required progress inspections related to electric vehicle equipment-ready requirements and expanded air sealing and insulation testing.
  • clarifies which versions of REScheck and COMcheck may be used to demonstrate compliance with the City Energy Code.
  • clarifies the requirements for submitting supporting documentation. 

1 RCNY 5000-02

  • clarifies that 1 RCNY 5000-02 only applies to the 2016 NYCECC Appendix CA, which are the NYC amendments to ASHRAE 90.1-2013. 

1 RCNY 101-07

  • provides a definition for a qualified commissioning agent.
  • clarifies the required documentation for progress inspection reports. 
  • clarifies that progress inspectors are not required to revise approved construction documents where the performance value of a given space or system is more efficient than the performance value on the approved construction documents. 
  • clarifies the requirements for approved agencies performing commissioning in accordance with the City Energy Code. 

The proposed rule also includes plain language revisions. 

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 Law 48. 

 

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 48 authorizes DOB to promulgate rules implementing the changes to the City Energy Code.  Section 3 of Local Law 48 repeals and replaces section 28-1001.2 of the Administrative Code, and includes authority for DOB to issue this proposed rule.

 

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Effective Date: 
Sun, 08/23/2020

Proposed Rules: Closed to Comments

Agency:
Comment By: 
Thursday, July 30, 2020
Proposed Rules Content: 

Statement of Basis and Purpose of Proposed Rule 


This proposed rule adds a new Section 102-05 to Subchapter B of Chapter 100 of Title 1 of the Rules of the City of New York relating to penalties for failure to certify correction of certain immediately hazardous violations.  Section 28-219.1 of the Administrative Code sets out a range for these penalties. This proposed rule establishes specific amounts within that range and separates 1- and 2-family dwellings from other kinds of buildings, as is done in many other provisions of the Administrative Code and Rules of the City of New York.

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 28-219.1 of the New York City Administrative Code.

 

New material is underlined.

Subject: 

Remote hearing

Location: 
See webex info in attached rule
Contact: 

No contact

Proposed Rules: Closed to Comments

Agency:
Comment By: 
Tuesday, July 28, 2020
Proposed Rules Content: 

Statement of Basis and Purpose

 

The proposed rule updates the penalty amounts for violations related to several provisions of Chapter 33 of the Building Code in order to conform to DOB’s methodology for calculating penalty amounts. 

Specifically, the proposed rule amends section 102-01 of Title 1 of the Rules of the City of New York to: 

·        Indicate that violations charged as “Aggravated I” are never eligible for Cure, Stipulation, or Mitigation even if there is a “Yes” in the corresponding column of the Buildings Penalty Schedule for that violation description;

·        Add civil penalties for failure to submit a Tenant Protection Plan (“TPP”) pursuant to Administrative Code § 28-120.1 as required in Local Law 106 and 118 of 2019;

·        Amend existing penalties for failure to post and distribute Notice of TPP to reflect the preferred charging section;

·        Remove an existing Class 1 penalty related to Administrative Code § 28-210.1;

·        Amend existing penalties related to Administrative Code § 28-211.1 as required in Local Law 118 of 2019, doubling penalties related to the filing of documents that make material false statements;

·        Amend existing Class 2 penalties related to miscellaneous provisions of the Administrative Code and New York City Building Code to match the statutory maximum for Class 2 penalties;

·        Amend existing Class 2 penalties related to miscellaneous provisions of the Administrative Code and the Zoning Resolution of the City of New York to allow Cures for these penalties in accordance with an initiative by the Department of Small Business Services;

·       Amend existing penalties related to several provisions of Chapter 33 of the Building Code in order to conform to DOB’s methodology for calculating penalty amounts (DOB’s methodology sets the “Aggravated I” penalty at two and a half times the Standard penalty, both the “Standard Default” and “Aggravated II” penalties at five times the Standard penalty, and the “Aggravated II Default” penalty at the statutory maximum);

·        Remove Cures for two existing Class 1 penalties related to 1 RCNY § 3319-02(j)(3) and miscellaneous violations of the Energy Conservation Code’s residential provisions because Class 1 penalties are not eligible for Cure; and

·        Amend an existing Class 3 penalty related to § 28-104.8.4.3, which was incorporated into § 28-120.1.3 pursuant to Local Law 106 of 2019. 

DOB’s authority for this rule is found in Sections 643 and 1043(a) of the New York City Charter, Local Laws 106 and 118 of 2019, and Section 28-201.2 of the Administrative Code of the City of New York.

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Subject: 

Remote hearing

Location: 
See webex info in attached rule
Contact: 

No contact

Download Copy of Proposed Rule (.pdf): 

Adopted Rules: Closed to Comments

Adopted Rules Content: 

Statement of Basis and Purpose of Rule 

The amendments:

 Make technical cleanups to rules governing the licensing of hoisting machine operators, as follows:

  • Sections 1 and 4 of the amendments correct a logical inconsistency in sections 104-09 and 104-23 of chapter 100 of Title 1 of the Rules of the City of New York. The amendments prevent a misinterpretation that would prohibit some applying credits obtained on larger machinery towards obtaining more limited licenses.
  1.   Article 405 of Title 28 of the New York City Administrative Code does not establish pre-requisite licensing in order to obtain a Class A or a Class C Hoisting Machine Operator license.
  2. Only people applying for a Class B Hoisting Machine Operator license must first be licensed as a Class A Hoisting Machine Operator. 
  3. Individuals who originally intended to get a Class A license but ultimately choose to apply for a Class C license have previously been allowed to credit experience obtained on larger Class  A    machinery in applying for the more limited Class C license.
  4. Similarly, individuals who originally intended to obtain a Class C license but ultimately choose to train on larger Class A machinery and apply for a Class A license have not been required to first obtain a Class C license. 
  • Sections 2 and 3 of the amendments remove a distinction between a certification for a tower crane and a self-erecting tower crane.  This amendment mirrors current national crane certifications, which do not distinguish between tower cranes and self-erecting tower cranes. 

Include additional rigging best practices (Sections 5 and 6). 

Make technical cleanups to rules governing cranes and derricks, as follows:

  • Section 8 of the amendments require additional engineering information to be submitted to the department for tower crane prototype review; these values were inadvertently left out of the current rules.
  • Section 9 corrects terminology related to a “phase” or “jump.”
  • Section 10 clarifies that a licensed master or tower crane rigger can witness a tower crane load test.
  • Section 12 clarifies that cranes or derricks that are used under the supervision of a master rigger must maintain the same jobsite logs as a crane that requires a certificate of on-site inspection.
  • Section 13 clarifies the title and scope of a particular section of the rule. 

Codify requirements contained in Buildings Bulletin 2019-005 regarding peer review for cranes and derricks in Sections 7 and 11.  The department requires certain cranes or derricks with complex or out of the ordinary loading, load  paths,  configurations,  operations,  or  site conditions, or whose setup requires coordination among city agencies to be subject to a peer review.  During a peer review, an independent New York State professional engineer reviews the application submitted by the crane or derrick notice engineer and provides an additional verification that the crane or derrick design indicated on the submitted crane or derrick notice application is in general conformance with New York City Codes, rules, and regulations for cranes and derricks.  This rule provides uniform requirements for crane and derrick peer reviewers and crane and derrick peer reviews.

The Department of Buildings’ authority for these rules is found in sections 643 and 1043 of the New York City Charter, section 28-104.7.11 of Chapter 1 and Article 405 of Chapter 4 of the City Administrative Code and sections BC 3316 and BC 3319 of the New York City Building Code.

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Effective Date: 
Thu, 07/23/2020

Adopted Rules: Closed to Comments

Adopted Rules Content: 

Statement of Basis and Purpose 

This rule amends Section 101-03 of Chapter 100 of Title 1 of the Rules of the City of New York relating to fees for façade report filings.  These fees have not been increased since they were adopted.  The increase now being adopted will cover the increase in workload and staffing for the façade unit.

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 28-112.7.2 of the New York City Administrative Code. 

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Effective Date: 
Wed, 07/15/2020

Proposed Rules: Closed to Comments

Agency:
Comment By: 
Wednesday, July 1, 2020
Proposed Rules Content: 

 

Statement of Basis and Purpose 

New York City Council’s Local Law 48 of 2020 (LL 48) was enacted on March 29, 2020, and went into effect on May 12, 2020.  LL 48 updates the New York City Energy Conservation Code (“City Energy Code”) to comply with the requirements of the State Energy Law and the 2020 updates to the New York State Energy Conservation Construction Code (“State Energy Code”).

This proposal amends 1 RCNY 5000-01, 5000-02 and 101-07 to conform to the City Energy Conservation Code and to implement code requirements.

This proposal amends the referenced rules as follows: 

1 RCNY 5000-01

  • adds and removes progress inspections to correspond to City Energy Code requirements that come into effect with Local Law 48 of 2020, including two new required progress inspections related to electric vehicle equipment-ready requirements and expanded air sealing and insulation testing.
  • clarifies which versions of REScheck and COMcheck may be used to demonstrate compliance with the City Energy Code.
  • clarifies the requirements for submitting supporting documentation.   

1 RCNY 5000-02

  • clarifies that 1 RCNY 5000-02 only applies to the 2016 NYCECC Appendix CA, which are the NYC amendments to ASHRAE 90.1-2013. 

1 RCNY 101-07

  • provides a definition for a qualified commissioning agent.
  • clarifies the required documentation for progress inspection reports. 
  • clarifies that progress inspectors are not required to revise approved construction documents where the performance value of a given space or system is  more efficient than the performance value on the  approved construction documents. 
  • clarifies the requirements for approved agencies performing commissioning in accordance with the City Energy Code.   

The proposed rule also includes plain language revisions. 

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 Law 48. 

 

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 48 authorizes DOB to promulgate rules implementing the changes to the City Energy Code.  Section 3 of Local Law 48 repeals and replaces section 28-1001.2 of the Administrative Code, and includes authority for DOB to issue this proposed rule. 

 

 

New material is underlined.

[Deleted material is in brackets.]



Location: 
SEE ATTACHED
Contact: 

No contact

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

Agency:
Comment By: 
Thursday, June 4, 2020
Proposed Rules Content: 

 

 

Notice of Public Hearing and Opportunity to Comment on Proposed Rules 

 

AMENDED NOTICE 

 

What are we proposing? The Department of Buildings (DOB) is proposing technical cleanup amendments to rules governing the licensing of hoisting machine operators and the rules governing cranes and derricks. DOB is also proposing amendments to the crane rule to add language on peer review of cranes. Finally, DOB is proposing amendments to the rule regarding rigging operations. 

 

This rule was originally published in the City Record on 3/2/20, and was originally scheduled for an in person public hearing on 4/2/2020 at 2 p.m. Due to the current health emergency, the public hearing for this rule is now being rescheduled as a virtual hearing, which may be accessed according to the information given below in this Notice.   

 

This Notice supersedes the hearing information for this rule posted on the NYCRules website. 

 

The text of the proposed rule may be viewed by clicking on the following link to DOB’s proposed rule page: https://www1.nyc.gov/site/buildings/codes/proposed-rules.page

 

  • When and where is the hearing?  DOB will hold a public hearing on the proposed rule online. The online public hearing will take place at 11am on 6/4/20. 

Join through Internet:  

  • To join the hearing via your browser either click on the following URL link or copy and paste it into your browser’s address bar.  Then follow the prompts.

https://buildings.webex.com/buildings/j.php?MTID=mbf7fec3aaa33acf0bf2224dd7fdd4bd4

 

When prompted, enter the following meeting password: 10007

 

When joining the meeting choose either “Use computer for audio” or “Call in” for the audio portion of the public hearing.  If you choose the “Call in” option, the information needed to connect (phone number, Access Code and Attendee ID) will automatically be presented to you immediately after you join the Webex meeting.

 

If you have low bandwidth or inconsistent Internet connection, we suggest you use the “Call-in” option for the hearing.  This will reduce the possibility of dropped audio and stutters. 


  • Join via phone only: 

To join the meeting only by phone, use the following information to connect:

 

Phone: 646-992-2010

Access code: 476 750 989

Password (if requested): 10007    

 

 How do I comment on the proposed rules?  Anyone can comment on the proposed rules by: 

  • Website.  You can submit comments to the DOB through the NYC rules website at http://rules.cityofnewyork.us. 
  • Email.  You can email comments to dobrules@buildings.nyc.gov.  
  • Comments cannot be submitted by mail or fax at this time because the DOB office is temporarily closed. 
  • Speaking at the hearing.  Anyone who wants to comment on the proposed rule at the public hearing must sign up to speak.  You can sign up by emailing dobrules@buildings.nyc.govby 5/28/20 and including your name and affiliation.  While you will be given the opportunity during the hearing to indicate that you would like to provide comments, we prefer that you sign up in advance.  You can speak for up to three minutes. 

Is there a deadline to submit comments?  Yes, you must submit comments by 6/4/20. 

 

What if I need assistance to participate in the hearing? You must tell the Office of the General Counsel if you need a reasonable accommodation of a disability at the hearing. You can tell us by email at dobrules@buildings.nyc.gov.  Advance notice is requested to allow sufficient time to arrange the accommodation.  You must tell us by 5/28/20. 

 

This location has the following accessibility option(s) available: Simultaneous transcription and an ASL interpreter for people who are hearing impaired, and audio only access for those who are visually impaired.   

 

Can I review the comments made on the proposed rules? You can review the comments made online on the proposed rules by going to the website at http://rules.cityofnewyork.us/.   

 

What authorizes DOB to make this rule? Sections 643 and 1043(a) of the City Charter, section 28-104.7.11 of Chapter 1 and Article 405 of Chapter 4 of the City Administrative Code and sections BC 3316 and BC 3319 of the New York City Building Code authorize DOB to make this proposed rule.  The part of this proposed rule dealing with crane peer review was included in DOB’s regulatory agenda for this Fiscal Year.  The other proposed changes were not, as they were not anticipated at the time the agenda was published. 

 

Where can I find DOB’s rules?  DOB’s rules are in Title 1 of the Rules of the City of New York. 

 

What rules govern the rulemaking process? DOB must meet the requirements of Section 1043 of the City Charter when creating or changing rules. This notice is made according to the requirements of Section 1043(b) of the City Charter.

 

 

Location: 
See Notice
Contact: 

No contact

Download Copy of Proposed Rule (.pdf): 

Proposed Rules: Closed to Comments

Agency:
Comment By: 
Monday, June 1, 2020
Proposed Rules Content: 

 

Notice of Public Hearing and Opportunity to Comment on Proposed Rules 

AMENDED NOTICE 

What are we proposing? The Department of Buildings (DOB) is proposing to amend Section 101-03 of Chapter 100 of Title 1 of the Rules of the City of New York relating to fees for façade report filings.   

This rule was originally published in the City Record on 2/27/20, and was originally scheduled for an in person public hearing on 3/30/20 at 10 a.m. Due to the current health emergency, the public hearing for this rule is now being rescheduled as a virtual hearing, which may be accessed according to the information given below in this Notice.   

This Notice supersedes the hearing information for this rule posted on the NYCRules website. 

The text of the proposed rule may be viewed by clicking on the following link to DOB’s proposed rule page: https://www1.nyc.gov/site/buildings/codes/proposed-rules.page 

  • When and where is the hearing?  DOB will hold a public hearing on the proposed rule online. The online public hearing will take place at 11am on 6/1/20. 

Join through Internet:

  • To join the hearing via your browser either click on the following URL link or copy and paste it into your browser’s address bar.  Then follow the prompts.

https://buildings.webex.com/buildings/j.php?MTID=mcacd323e2f971c15c2cb05e4adcc1b6a 

When prompted, enter the following meeting password: 10007 

When joining the meeting choose either “Use computer for audio” or “Call in” for the audio portion of the public hearing.  If you choose the “Call in” option, the information needed to connect (phone number, Access Code and Attendee ID) will automatically be presented to you immediately after you join the Webex meeting. 

If you have low bandwidth or inconsistent Internet connection, we suggest you use the “Call-in” option for the hearing.  This will reduce the possibility of dropped audio and stutters.

  • Join via phone only: 

To join the meeting only by phone, use the following information to connect: 

Phone: 646-992-2010 

Access code: 474 704 715 

Password (if requested): 10007     

How do I comment on the proposed rules?  Anyone can comment on the proposed rules by:

  • Website.  You can submit comments to the DOB through the NYC rules website at http://rules.cityofnewyork.us. 
  • Email.  You can email comments to dobrules@buildings.nyc.gov.
  • Comments cannot be submitted by mail or fax at this time because the DOB office is temporarily closed.
  • Speaking at the hearing.  Anyone who wants to comment on the proposed rule at the public hearing must sign up to speak.  You can sign up by emailing dobrules@buildings.nyc.gov by 5/26/20 and including your name and affiliation.  While you will be given the opportunity during the hearing to indicate that you would like to provide comments, we prefer that you sign up in advance.  You can speak for up to three minutes. 

Is there a deadline to submit comments?  Yes, you must submit comments by 6/1/20. 

What if I need assistance to participate in the hearing? You must tell the Office of the General Counsel if you need a reasonable accommodation of a disability at the hearing. You can tell us by email at dobrules@buildings.nyc.gov.  Advance notice is requested to allow sufficient time to arrange the accommodation.  You must tell us by 5/26/20. 

This location has the following accessibility option(s) available: Simultaneous transcription and an ASL interpreter for people who are hearing impaired, and audio only access for those who are visually impaired. 

Can I review the comments made on the proposed rules? You can review the comments made online on the proposed rules by going to the website at http://rules.cityofnewyork.us/.   

What authorizes DOB to make this rule? Sections 643 and 1043(a) of the City Charter and Section 28-112.7.2 of the City Administrative Code authorize DOB to make this proposed rule.  This proposed rule was not included in DOB’s regulatory agenda for this Fiscal Year because it was not contemplated when DOB published the agenda.   

Where can I find DOB’s rules?  DOB’s rules are in Title 1 of the Rules of the City of New York. 

What rules govern the rulemaking process? DOB must meet the requirements of Section 1043 of the City Charter when creating or changing rules. This notice is made according to the requirements of Section 1043(b) of the City Charter.

 

Location: 
See Notice
Contact: 

No contact

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