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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

Proposed Rules: Closed to Comments

Agency:
Comment By: 
Thursday, April 28, 2016
Proposed Rules Content: 

Statement of Basis and Purpose

 

The Department of Buildings (DOB) is proposing to amend 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 will streamline the application process for abatements, especially regarding electrical plans and electrical and construction sign-off.  These amendments will 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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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: 
Thursday, March 31, 2016
Proposed 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 proposed rule changes the following aspects of the construction superintendent’s role:  

  • Jobs that require a construction superintendent: The proposed 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 proposed 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 proposed rule requires the permit holder to immediately notify the Department if the primary construction superintendent is permanently replaced.  Further, the proposed 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 proposed 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 current rule does not contain any log requirements, the proposed rule requires that construction superintendents maintain a detailed log of work that occurs at each job site for which they are responsible.  The proposed rule details the items construction superintendents must record in this log.  This will ensure that construction superintendents are actively involved in the work occurring at each job site.  
  • Qualifications: The proposed 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 proposed rule also makes several changes to the experience and credential requirements construction superintendents must satisfy. 
  • Renewal: While the current rule requires proof that the renewing construction superintendent has completed a seven-hour Site Safety Manager course approved by the Department, the proposed rule requires proof that the renewing construction superintendent has completed an eight-hour Site Safety Coordinator course approved by the Department.  The proposed 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 will allow the Department to hold construction superintendents to the same standards as licensees.
  • Discipline: Under the proposed 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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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: 
Thursday, March 24, 2016
Proposed Rules Content: 

Statement of Basis and Purpose of Proposed 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 proposing to add two new violation classifications and to amend another. The new classifications will enable the Department to ensure public safety and more effectively enforce the laws, rules and Commissioner's orders related to the safe operation of construction equipment. The Department also seeks to amend 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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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

This rule amends 1 RCNY §101-06 to clarify that special inspectors and special inspection agencies must cooperate with all Department of Buildings investigations, including audit investigations. 

This rule also amends 1 RCNY §101-07 to update reference standards and cross references in accordance with amendments made by Local Law 141 for the year 2013.

The Department of Buildings’ authority for these rules is found in Section 643 and 1043(a) of the New York City Charter and sections 28-114.1 and 28-115.1 of the Administrative Code of the City of New York

 

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Effective Date: 
Wed, 03/02/2016

Adopted Rules: Closed to Comments

Adopted Rules Content: 

Statement of Basis and Purpose of Rule

The Department of Buildings is adopting changes regarding the classification of certain violations to reflect the requirements of Local Law 77 of 2015 and the 2014 updates to the NYC Construction Codes.

Local Law 77 of 2015, enacted on August 18, 2015, adds requirements for registration, discontinuance, removal, inspection, testing, cleaning, disinfecting and maintenance of cooling towers. Some of the amendments to rule 102-01 add new infractions to address the new cooling tower requirements. 

The 2014 updates to the NYC Construction Codes amended the Administrative Code of the City of New York, the New York City Plumbing Code, the New York City Building Code, the New York City Mechanical Code and the New York City Fuel Gas Code and brought these codes up to date with the 2009 editions of the International Building, Mechanical, Fuel Gas and Plumbing Codes. 

The updates amended some requirements, added new requirements and renumbered existing sections of these codes.  Rule 102-01 is amended to reflect some of these changes by:

  • updating sections of the Administrative Code,
  • updating descriptions to the table of classifications,
  • deleting some existing violations that no longer apply or could be combined with existing descriptions, and
  • adding new violations and their classifications.

These infractions relate to:

  • Failure to provide pedestrian protection for sidewalks and walkways.
  • Failure to obey a vacate order.

In addition, the description and section of law of one charge is amended to cover all buildings or open lots which are being occupied without a valid Certificate of Occupancy.  The current charge and cited section apply only to new buildings built under the 2008 Construction Codes.  This description relates to:

  • Buildings occupied without a valid certificate of occupancy.

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: 
Thu, 02/18/2016

Proposed Rules: Closed to Comments

Agency:
Comment By: 
Wednesday, January 13, 2016
Proposed Rules Content: 

 

Statement of Basis and Purpose

 

The proposed rule amends 1 RCNY §101-06 to clarify that special inspectors and special inspection agencies must cooperate with all Department of Buildings investigations, including audit investigations. 

 

The proposed rule also amends 1 RCNY §101-07 to update reference standards and cross references in accordance with amendments made by Local Law 141 for the year 2013.

 

The Department of Buildings’ authority for these rules is found in Section 643 and 1043(a) of the New York City Charter and sections 28-114.1 and 28-115.1 of the Administrative Code of the City of New York.

 

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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 of Rule

 

The purpose of the rule is to repeal rules and Reference Standards that are now addressed in the New York City Building or Electrical Codes.  The rules and Reference Standards to be repealed relate to:

 

·         the erection and dismantling of climber/tower cranes (1 RCNY § 6-01);

·         the commencement of demolition and heavy and light duty sidewalk sheds (1 RCNY § 8-01);

·         signs at demolition or construction sites (1 RCNY § 27-03);

·         advisory signs required on construction sites (1 RCNY § 27-04);

·         impact resistant stair and elevator shaft enclosures (1 RCNY § 403-01); and

·         fire alarm wiring and power sources (1 RCNY § 4000-06)

·         power-actuated fastening systems-safety requirements during construction operations (RS 19-1) and

·         the use of safety nets during construction operations (RS 19-4).

 

The Department of Buildings’ authority for these rules is found in sections 643 and 1043 of the New York City Charter and section 28-103.19 of the New York City Administrative Code.

 

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Effective Date: 
Mon, 01/04/2016

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