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Adopted Rules: Closed to Comments

Adopted Rules Content: 

 

Statement of Basis and Purpose 

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

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

Existing Requirements

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

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

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

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

Rule Amendments 

The rule: 

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


Effective Date: 
Wed, 10/18/2017

Adopted Rules: Closed to Comments

Adopted Rules Content: 

Statement of Basis and Purpose

 

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

 

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

 

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

 

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Effective Date: 
Fri, 10/06/2017

Adopted Rules: Closed to Comments

Adopted Rules Content: 

Statement of Basis and Purpose of Rule

 

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

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

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

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

The authority of the Department to establish these rules is found in sections 643 and 1043 of the New York City Charter and article 405 of chapter 4 of title 28 of the New York City Administrative Code. 

 

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Effective Date: 
Fri, 10/06/2017

Proposed Rules: Open to Comments

Log in or register to post comments
Agency:
Comment By: 
Monday, October 2, 2017
Proposed Rules Content: 

 

Statement of Basis and Purpose of Rule

 

This rule establishes requirements for cableways utilized in conjunction with the construction or demolition of a building or structure. A cableway is a system used to transport materials, consisting of a cable suspended between two towers, on which travels a carriage from which a bucket is suspended.

Cableways are currently regulated by Reference Standard RS-19-3 of the appendix to chapter 1 of title 27 of the administrative code of the city of New York.  This rule proposes to repeal RS-19-3 and replace it with a new rule that adopts the latest national standard for cableways published by the American Society of Mechanical Engineers (ASME) as well as New York City specific permitting, inspection, licensing, and operational requirements that are not contained within the ASME standard by cross referring applicable sections of 1 RCNY 3319-01.

The Department of Buildings’ authority for these rules is found in sections 643 and 1043 of the New York City Charter and section 3320.12 of the New York City Building Code.

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Subject: 

.

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

No contact

Proposed Rules: Open to Comments

Log in or register to post comments
Agency:
Comment By: 
Friday, September 22, 2017
Proposed Rules Content: 

 PLEASE TAKE NOTICE OF HEARING DATE CHANGE

The public hearing for a Proposed Amendment to a rule of the Department of Buildings regarding Qualifications for Energy Auditors and Retrocommissioning Agents,originally scheduled for September 22, 2017 at 9:30 a.m.,has been rescheduled to September 29, 2017 at 10 a.m. in the 3rd floor conference room at 280 Broadway.

Statement of Basis and Purpose

 

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

These amendments:

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

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

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

No contact

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

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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Subject: 

.

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

No contact

Download Copy of Proposed Rule (.pdf): 

Proposed Rules: Closed to Comments

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.

New material is underlined.



Subject: 

.

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, 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.


New material is underlined.

[Deleted material is in brackets.]

 

 

 

Subject: 

.

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.

 

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

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.

 

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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