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Adopted Rules: Closed to Comments

Adopted Rules Content: 


Statement of Basis and Purpose

 

The rule amends 1 RCNY §102-01 by adding five new infractions and updating two others.  The addition of 1 RCNY § 3301-02, which went into effect on May 30, 2016, created the new violations.  In addition, unrelated to 1 RCNY § 3301-02, the rule clarifies two existing violations by amending their sections of law and violation descriptions.  These violations relate to: 

  • The failure to designate or have a Construction Superintendent, Site Safety Manager, or Site Safety Coordinator at the job site;
  • The failure to conduct a site-specific safety orientation program for all workers;
  • Construction Superintendents’ failure to immediately notify the Department of conditions listed in § 3310.8.2.1 of the New York City Building Code;
  • Construction Superintendents’ failure to meet the required qualifications for registration as Construction Superintendents;
  • Construction Superintendents’ failure to perform their duties. 

The Department of Buildings’ authority for these rules is found in Section 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: 
Mon, 10/03/2016

Adopted Rules: Closed to Comments

Adopted Rules Content: 

 

Statement of Basis and Purpose

 

The Department of Buildings (DOB) is adding a new Section, 104-26, to Subchapter D of Chapter 100 of Title 1 of the Rules of the City of New York (“RCNY”), which allows DOB licensees to deactivate their licenses while remaining active in their respective trades. DOB is promulgating this rule in response to industry concerns about the operating cost of maintaining licensure while the licensee is not actively practicing as a licensee for business or other reasons.

The rule allows licensees to hold their deactivated licenses without requiring them to carry on businesses and carry insurance, which will relieve them of many of the costs associated with maintaining an active license.  However, these licensees are still required to renew their licenses and pay the DOB-related costs of holding their deactivated licenses.  

Although a licensee who chooses to deactivate his or her license may continue to work in the licensed trade under the supervision of an active licensee, he or she may not practice in the trade or business as a licensee or hold him or herself out as a licensee while the license is deactivated.

The rule omits Filing Representatives, Construction Superintendents, Concrete Safety Managers, General Contractors and Safety Registrations because members of these trades are not permitted to work under the direction of other licensees.  Electricians are also omitted because deactivation of their licenses is already permitted by existing provisions of the Electrical Code.

 

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Effective Date: 
Mon, 10/03/2016

Proposed Rules: Closed to Comments

Agency:
Comment By: 
Friday, August 19, 2016
Proposed Rules Content: 


Statement of Basis and Purpose 

The proposed rule amends 1 RCNY §102-01 by adding five new infractions and updating two others.  The addition of 1 RCNY § 3301-02, which went into effect on May 30, 2016, created the new violations.  In addition, unrelated to 1 RCNY § 3301-02, the Department of Buildings seeks to clarify two existing violations by amending their sections of law and violation descriptions.  These violations relate to:

  • The failure to designate or have a Construction Superintendent, Site Safety Manager, or Site Safety Coordinator at the job site;
  • The failure to conduct a site-specific safety orientation program for all workers;
  • Construction Superintendents’ failure to immediately notify the Department of conditions listed in § 3310.8.2.1 of the New York City Building Code;
  • Construction Superintendents’ failure to meet the required qualifications for registration as Construction Superintendents;
  • Construction Superintendents’ failure to perform their duties.

 The Department of Buildings’ authority for these rules is found in Section 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, 3rd 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 rule repeals the following rules because the subject matter of these rules is now addressed in the New York City Construction Codes:

  • 1 RCNY § 18-01 - Considerations and evaluations relating to resistance to progressive collapse under extreme local loads
  • 1 RCNY § 39-01 - Cooling Towers and Evaporative Condensers;
  • 1 RCNY § 101-01 - Definition of existing building;
  • 1 RCNY § 3606-04 - American Society of Civil Engineers Amendments Relating to Mandatory Freeboard; and
  • 1 RCNY § 6008-01 - American Society of Mechanical Engineers, Boiler & Pressure Vessel Code Edition.

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

  

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Effective Date: 
Fri, 08/12/2016

Proposed Rules: Closed to Comments (View Public Comments Received:4)

Agency:
Comment By: 
Tuesday, July 19, 2016
Proposed Rules Content: 

 

 

Statement of Basis and Purpose of Proposed Rule

 

This rule would amend 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 Zoning Resolution or Construction Codes Determinations and appeals of such Determinations.

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 Borough Commissioner to issue a Determination interpreting certain provisions of the Zoning, Energy or Construction Codes. These requests may be made using either a Zoning Resolution Determination Form (ZRD1) or a Construction Code Determination Form (CCD1).  Applicants may appeal a Borough Commissioner’s Determinations to the Department’s Technical Affairs Unit.

The proposed rule would add fees for processing Determinations filed with a Borough Commissioner’s Office and appeals to the Technical Affairs Unit using either a ZRD1 or CCD1 Form.  These fees will cover the administrative costs incurred by the Department in reviewing these requests and appeals. No fees will be charged for requests and appeals filed in connection with the construction or alteration of one-, two- or three-family dwellings or multiple dwellings that are financed entirely or in part by a grant or loan from the City of New York or the New York City Housing Development Corporation and at least 50 percent of whose dwelling units are affordable.

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: 

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

No contact

Proposed Rules: Closed to Comments

Agency:
Comment By: 
Friday, July 8, 2016
Proposed Rules Content: 

 

Statement of Basis and Purpose

 

The Department of Buildings (DOB) proposes to add a new Section, 104-26, to Subchapter D of Chapter 100 of Title 1 of the Rules of the City of New York (“RCNY”), which will allow DOB licensees to deactivate their licenses while remaining active in their respective trades. DOB is proposing this rule in response to industry concerns about the operating cost of maintaining licensure while the licensee is not actively practicing as a licensee for business or other reasons. 

The proposed rule would allow licensees to hold their deactivated licenses without requiring them to carry on businesses and carry insurance, which will relieve them of many of the costs associated with maintaining an active license.  However, these licensees would still be required to renew their licenses and pay the DOB-related costs of holding their deactivated licenses.   

Although a licensee who chooses to deactivate his or her license may continue to work in the licensed trade under the supervision of an active licensee, he or she may not practice in the trade or business as a licensee or hold him or herself out as a licensee while the license is deactivated. 

The proposed rule omits Filing Representatives, Construction Superintendents, Concrete Safety Managers, General Contractors and Safety Registrations because members of these trades are not permitted to work under the direction of other licensees.  Electricians are also omitted because deactivation of their licenses is already permitted by existing provisions of the Electrical Code.

 

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Subject: 

.

Location: 
Department of Buildings
280 Broadway, 3rd floor
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 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 streamline the application process for abatements, especially regarding electrical plans and electrical and construction sign-off.  These amendments make the process for obtaining a tax abatement easier for applicants.

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: 
Thu, 06/16/2016

Proposed Rules: Closed to Comments

Agency:
Comment By: 
Thursday, June 9, 2016
Proposed Rules Content: 

 

Statement of Basis and Purpose of Proposed Rule

 

The proposed rule repeals the following rules because the subject matter of these rules is now addressed in the New York City Construction Codes:

·         1 RCNY § 18-01 - Considerations and evaluations relating to resistance to progressive collapse under extreme local loads;

·         1 RCNY § 39-01 - Cooling Towers and Evaporative Condensers;

·         1 RCNY § 101-01 - Definition of existing building;

·         1 RCNY § 3606-04 - American Society of Civil Engineers Amendments Relating to Mandatory Freeboard; and

·         1 RCNY § 6008-01 - American Society of Mechanical Engineers, Boiler & Pressure Vessel Code Edition.

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


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Subject: 

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Contact: 

No contact

Adopted Rules: Closed to Comments

Adopted Rules Content: 

 

Statement of Basis and Purpose

 

This rule repeals Chapter 48 of Title 1 of the Rules of the City of New York relating to construction superintendents, and amends Chapter 3300 of Title 1 of the Rules of the City of New York by adding a new section 3301-02 in its place.  

This rule promotes public safety by adding several requirements that the current rule does not cover and by requiring construction superintendents to supervise construction on a greater range of jobs.

The rule changes the following aspects of the construction superintendent’s role:

Jobs that require a construction superintendent: The rule expands the requirement for a construction superintendent to alterations, including alterations of 1-, 2-, and 3-family dwellings, which comprise at least one of the following:

- vertical or horizontal enlargement;

- alteration or demolition of more than fifty percent (50%) of the floor area;

- the removal of one (1) or more floors; or

- work that requires a special inspection for underpinning or the protection of sides of excavations.

The rule also eliminates overlapping oversight requirements that exist between Chapter 48 and the New York City Construction Codes. 

Designation of primary and alternate construction superintendents: The rule requires the permit holder to immediately notify the Department if the primary construction superintendent is permanently replaced.  Further, the rule requires the permit holder to notify the Department if an alternate construction superintendent serves in place of the primary construction superintendent for a period of two or more weeks.  These processes mirror those applicable to site safety managers and coordinators.

 

Duties: The rule expands upon construction superintendents’ duties by requiring that construction superintendents, among other duties, visit each job site for which they are responsible each day that active work occurs at the site; inspect every area where work is occurring at each job site during each visit in order to verify compliance with the approved construction documents and Chapter 33 of the New York City Building Code; and designate a competent person who is present at the site at all times work occurs.

 

Log Requirements: While the repealed rule did not contain any log requirements, the new rule requires that construction superintendents maintain a detailed log of work that occurs at each job site for which they are responsible.  The rule details the items construction superintendents must record in this log.  This ensures that construction superintendents are actively involved in the work occurring at each job site.  

 

Qualifications: The rule provides that construction superintendents are subject to the licensing provisions of Article 401 of Chapter 4 of Title 28 of the New York City Administrative Code.  The rule also makes several changes to the experience and credential requirements construction superintendents must satisfy. 

 

Renewal: While the repealed rule required proof that the renewing construction superintendent had completed a seven-hour Site Safety Manager course approved by the Department, the new rule requires proof that the renewing construction superintendent has completed an eight-hour Site Safety Coordinator course approved by the Department.  The rule also provides that renewals are subject to the provisions of Article 401 of Chapter 4 of Title 28 of the New York City Administrative Code.  This allows the Department to hold construction superintendents to the same standards as licensees.

 

Discipline: Under the rule, construction superintendents are subject to the disciplinary provisions of section 28-401.19 of the New York City Administrative Code, including denial of issuance or renewal of construction superintendent registrations.

 

The Department of Buildings’ authority for this rule is found in Section 643 and 1043(a) of the New York City Charter and section 3301.3 of the New York City Building Code.

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Effective Date: 
Mon, 05/30/2016

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 amendment to Section 102-01, subdivision (j), of Title 1 of the Rules of the City of New York (“RCNY”) regarding the classification of certain violations related to the safe operation of construction equipment.  

Construction safety is a critical concern for the Department.  Therefore, this rule seeks to enhance safety at construction projects by adding two new violation classifications that will enable the Department to more effectively enforce Commissioner’s Orders related to the safe operation of construction equipment.


Statement of Basis and Purpose of Rule  

In order to encourage swift and decisive compliance with safety-related orders and other laws and rules at construction sites, the Department of Buildings is adding two new violation classifications and amending another. The new classifications enable the Department to help ensure public safety and more effectively enforce the laws, rules and Commissioner's orders related to the safe operation of construction equipment. The Department is also amending one violation section and description by deleting a reference to a section that was repealed by Local Law 33 of 2007 and by clarifying two words that had been abbreviated. 

The Department of Buildings’ authority for these rules is found in sections 643 and 1043 of the New York City Charter and section 28-201.2 of the New York City Administrative Code. 

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Effective Date: 
Fri, 04/15/2016

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