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Proposed Rules: Open to Comments

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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: Open to Comments

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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

Adopted Rules: Closed to Comments

Adopted Rules Content: 

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

Statement of Basis and Purpose 

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

These amendments:

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

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

 

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Effective Date: 
Sun, 08/04/2019

Proposed Rules: Closed to Comments

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

 

Statement of Basis and Purpose of Proposed Rule 

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

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

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

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

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

No contact

Adopted Rules: Closed to Comments

Adopted Rules Content: 

Statement of Basis and Purpose of Rule

 

The Department of Buildings (DOB) is amending its electrical code rules to delete references to the electrical advisory board and to repeal sections that are no longer applicable.  The rule will repeal sections 34-01 relating to phase-in of new standards for electrical work, 34-02 relating to review of applications for electrical permits and certificates of electrical inspection, and 34-03 relating to temporary certification to perform low voltage electrical work because they refer to a phase-in period that ended in 2003.

The rule also amends section 34-05 to eliminate the electrical advisory board in order to standardize and align the electrical plan review process with all other plan examination units in the agency.  It also renumbers 34-05 as 4000-01 in order to align the rule with the Department’s current rule numbering scheme.

Amendments are also being made to rule 101-12 to expand the jurisdiction of the Office of Technical Certification and Research (“OTCR”) to allow it to replace the electrical advisory board in reviewing electrical equipment and materials.  OTCR’s jurisdiction is currently limited to equipment and materials covered by Title 28 of the New York City Administrative Code.  The electrical code is in Title 27.

The Department of Buildings’ authority for these rules is found in sections 643 and 1043 of the New York City Charter and section 27-3005 of the New York City Administrative Code.

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Effective Date: 
Thu, 07/11/2019

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

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

Statement of Basis and Purpose

 

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

 

These amendments:

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

 

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

 

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

No contact

Adopted Rules: Closed to Comments

Adopted Rules Content: 

Statement of Basis and Purpose

 

The rule amends portions of Title 1 of the Rules of the City of New York (RCNY) Section 102-04 to ensure that the specified civil penalties conform with Local Laws 156 and 158 of 2017 with regard to penalties related to work without a permit.

The Department of Buildings’ authority for this rule is found in sections 643 and 1043 of the New York City Charter, and sections 28-213.1.1, 28-213.1.2 and 28-213.6 of the New York City Administrative Code.

 

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Effective Date: 
Fri, 02/15/2019

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

Agency:
Comment By: 
Thursday, February 14, 2019
Proposed Rules Content: 

 

Statement of Basis and Purpose

The proposed 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 proposed rule is intended to promote public safety by specifying requirements for obtaining gas work qualifications required for performing gas work within the City of New York.

This proposed 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 submitted before January 1, 2019.
  • Requirements for applications for a gas work qualification submitted on or after January 1, 2019, including examination, experience and education requirements.
  • Requirements for applications for a limited gas work qualification submitted before January 1, 2019, including experience requirements.
  • Requirements for applications for a limited gas work qualification submitted on or after January 1, 2019, 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.
  • Expiration and renewal of a gas work qualification and a limited gas work qualification.he 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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Subject: 

.

Location: 
Spector Hall
22 Reade Street,
New York, NY 10007
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 rule amendment clarifies the scope of 1 RCNY § 8001-01(a).  The rule currently prohibits the Department of Buildings (DOB) from issuing a permit for an onsite private sewage disposal system in connection with commercial and manufacturing uses that is discharging sewage without the admixture of certain industrial and other wastes and has a daily flow of less than 1,000 gallons per day, unless a permit from the New York State Department of Environmental Conservation (DEC) is presented.

 

The amendment makes clear that a DEC permit is only required if the sewage contains industrial or other wastes or if the total discharge is 1,000 gallons or more per day.

 

DOB’s authority for this rule is found in sections 643 and 1043 of the New York City Charter and section 104.1 of the New York City Plumbing Code.

 

 

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Effective Date: 
Sat, 01/26/2019

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