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Proposed Rules: Closed to Comments

Agency:
Comment By: 
Wednesday, January 6, 2016
Proposed Rules Content: 

 

Statement of Basis and Purpose of Proposed Rule

 

The Department of Buildings is proposing 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 proposed 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 being 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 being 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.

 

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

Download Copy of Proposed Rule (.pdf): 

Adopted Rules: Closed to Comments

Adopted Rules Content: 

 

Statement of Basis and Purpose of Proposed Rule

 

 

The proposed rule removes language referencing high-pressure boiler inspections conducted by the Department of Buildings because the 2014 Administrative Code amendments transferred this responsibility to the building owner.

 

The Department of Buildings’ authority for these rules is found in sections 643 and 1043 of the New York City Charter and section 28-303.2of the New York City Administrative Code.

 

New material is underlined.

[Deleted material is in brackets.]

 

 

Effective Date: 
Wed, 12/30/2015

Adopted Rules: Closed to Comments

Adopted Rules Content: 

 

Statement of Basis and Purpose of Rule

 

 

Technical Policy and Procedure Notices (TPPN) 15 of 1988, 22 of 1988, and 1 of 1992 established bathroom and powder room prototypes acceptable to the Department for the purposes of compliance with Local Law 58 of 1987, which relates to providing facilities for people with disabilities. 

 

Revisions to the City’s Building Code adopted in Local Law 141 of 2013 repealed provisions in Local Law 58 of 1987 relating to facilities for people having physical disabilities that had been codified in subarticle 2 of article 2 of subchapter 4 of chapter 1 of title 27 (Local Law 58 of 1987).  Local Law 141 of 2013 added a new section BC 1101.3 to the City’s Building Code that allows the Department to designate by rule prototype layouts acceptable to the Department for bathrooms and powder rooms first occupied on or before March 13, 1991.  Therefore, there is a need for a rule to continue to permit the prototypes established by these TPPNs for projects that are subject to section 1101.3 of the New York City Building Code, in particular, item 2.1 of Section 1101.3.2.

 

This rule re-establishes most of the prototypes in the TPPNs as acceptable prototype bathrooms and powder rooms in alterations in buildings that were originally occupied on or before March 13, 1991.  Alterations in buildings that were occupied after such date, or where full compliance with the bathroom and powder room prototypes cannot be achieved, are subject to Chapter 11 of the New York City Building Code and the most recent adopted accessibility standard, unless a waiver is granted pursuant to Section 1101.3.5 of the New York City Building Code.

 

The relevant TPPNs will be rescinded once this rule is effective.

 

The Department of Buildings’ authority for these rules is found in sections 643 and 1043 of the New York City Charter and section BC 1101.3.2 of the New York City Building Code, codified in Title 28 of the Administrative Code.

 

New material is underlined.

[Deleted material is in brackets.]

 

 

Effective Date: 
Wed, 12/30/2015

Adopted Rules: Closed to Comments

Adopted Rules Content: 

 

Statement of Basis and Purpose of Rule

 

The Department’s current regulations for cranes and derricks are found in Reference Standard RS 19-2 of the 1968 New York City Building Code (RS 19-2).  This standard is being repealed and replaced by this rule.

 

This rule:

 

  • addresses the minimum safety requirements for, and regulates the design, construction, permitting, installation, removal, adjustment, repair, inspection, maintenance, operation, and use of cranes and derricks.

 

  • references, utilizes, and requires compliance with the latest nationally recognized American Society of Civil Engineers (ASCE), American Society of Mechanical Engineers (ASME), European Committee for Standardization (EN), International Organization for Standardization (ISO), and Society of Automotive Engineers (SAE) standards.

 

  • incorporates several recommendations made by the Department’s High Risk Construction Oversight (HRCO) study (issued June 2009) that pertain to cranes and derricks. 

 

  • is the first phase of a multi-phase effort to increase public safety by modernizing New York City’s crane and derrick regulations.

 

  • is based on input from over three dozen representatives of crane and derrick manufacturers, filing engineers, operating engineers, owners, and construction firms.

 

Subdivisions (a) through (e) of the rule incorporate and edit provisions of RS 19-2 that pertain to the certificate of approval, as well as the definitions and scope language contained in RS 19-2.  The certificate of approval (also known as the “prototyping process” or “prototype”) is the first of three certificates that must be obtained before a crane or derrick can operate in New York City.  The certificate of approval evaluates the design of the make and model of the crane or derrick, and authorizes the make and model of the crane or derrick to operate in the city.  Provisions retaining to the other two certificates (operation and on-site inspection) will be addressed by rule in subsequent phases.

 

Specifically:

 

  • Subdivision (a) of the rule is derived from Section 1.0 of RS 19-2.

 

·         It is revised to update cross references from the 1968 New York City Building Code to the New York City Construction Codes, and to utilize terminology contained in the Construction Codes. 

 

·         Language is added to clarify that equipment which meets the definition of a crane or derrick is covered by the scope of the rule, and follows similar action taken by OSHA to clarify that dedicated pile drivers and other machinery are considered to be a crane or derrick under the Occupational Safety and Health Administration (OSHA) regulations.

 

  • Subdivision (b) of the rule is derived from Section 2.0 of RS 19-2, and contains the definitions utilized in the rule.

 

·         A number of the definitions are contained in Chapter 33 of the Building Code and are republished here for convenience.

 

·         Definitions not currently found in RS 19-2 are added.

 

·         The definitions of “attachments” and “component” are derived from HRCO recommendation C-20.  HRCO further recommended that the department develop a system to track components and attachments; this will be assessed in a future phase.

 

·         The remaining definitions are currently found in RS 19-2, with some modifications made for clarity or to reflect current technology.

 

·         HRCO recommendation C-12 proposed that the city update its crane regulations to reflect a new type of crane, an “articulating boom crane.”  The definitions for “crane” and “articulating boom crane” are modified in the rule to match earlier changes made to these definitions in the Construction Codes to conform to the HRCO recommendation.

 

  • Subdivision (c) of the rule cross references and consolidates existing provisions for crane certificates and permits.

 

  • Subdivision (d) of the rule contains the requirements for the certificate of approval.

 

·         This language replaces the provisions in section 3.0 of RS 19-2, which is deleted.

 

·         Paragraph (1) of subdivision (d) adopts certain items in HRCO recommendation C-7 concerning standards to be followed by crane and derrick manufacturers, as well as information crane and derrick manufacturers need to supply to the department.

 

·         Paragraph (1) of subdivision (d) requires technical information related to the crane or derrick’s wind design and counterweight configurations to be submitted to the department. 

 

·         Also, paragraph (1) requires an engineer to provide a technical certification as to the design of the crane or derrick. 

 

·         Current requirements from RS 19-2 for a brochure, load rating charts, and listing of components to be submitted by the manufacturer are retained in paragraph (1).

 

·         Paragraphs (2) and (3) reflect current requirements.

 

·         Paragraph (4) clarifies the circumstances that trigger an amendment to a certificate of approval, and the information to be filed as part of an amendment.  It also establishes two new pathways to file an amendment; the first by the manufacturer and the second by an owner of a crane or derrick.  These pathways are derived from OSHA, which limits the ability of an owner to modify a crane or derrick.  (See 29 CFR §1926.1434).

 

·         Paragraph (5) establishes a new pathway for manufacturers to provide updated information, such as manuals and checklists, to the department without triggering the need to file an amendment.

 

·         Paragraph (6) provides specific criteria for providing the department with safety bulletins and recall notices. 

 

·         Paragraph (7) requires notification if the manufacturer loses its ISO accreditation. 

 

·         Paragraphs (8) and (9) reflect current requirements.

 

  • Subdivision (e) sets forth acceptable design and testing standards for which cranes or derricks must satisfy in order to be issued a certificate of approval.

 

Subdivisions (f) through (x) of this rule contain items relating to jobsite specific design and operation of a crane or derrick.  These are simply a re-promulgation of sections of RS 19-2, with minor edits made to renumber and correct cross-references.  These sections will be amended by rule in subsequent phases.

 

The Department of Buildings’ authority for these rules is found in sections 643 and 1043 of the New York City Charter, section 28-103.19 of the New York City Administrative Code and section 3319.1 of the New York City Building Code.

 

New material is underlined.

 

[Deleted material is in brackets.]

 

 

Effective Date: 
Fri, 01/01/2016

Proposed Rules: Closed to Comments

Agency:
Comment By: 
Friday, November 13, 2015
Proposed Rules Content: 

 

Statement of Basis and Purpose of Proposed Rule

 

The purpose of the proposed 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 (RS19-4).

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.

 

New material is underlined.

[Deleted material is in brackets.]

 

 

 

Subject: 

DOB will not hold a public hearing on the proposed rule amendment on the grounds that a hearing would serve no public purpose.

Contact: 

No contact

Proposed Rules: Closed to Comments

Agency:
Comment By: 
Tuesday, October 6, 2015
Proposed Rules Content: 

 

Statement of Basis and Purpose of Proposed Rule

 

 

Technical Policy and Procedure Notices (TPPN) 15 of 1988, 22 of 1988, and 1 of 1992 established bathroom and powder room prototypes acceptable to the Department for the purposes of compliance with Local Law 58 of 1987, which relates to providing facilities for people with disabilities. 

 

Revisions to the City’s Building Code adopted in Local Law 141 of 2013 repealed provisions in Local Law 58 of 1987 relating to facilities for people having physical disabilities that had been codified in subarticle 2 of article 2 of subchapter 4 of chapter 1 of title 27 (Local Law 58 of 1987). Local Law 141 of 2013 added a new section BC 1101.3 to the City’s Building Code that allows the Department to designate by rule prototype layouts acceptable to the Department for bathrooms and powder rooms first occupied on or before March 13, 1991.  Therefore, there is a need to promulgate a new rule to continue to permit the prototypes established by these TPPNs for projects that are subject to section 1101.3 of the New York City Building Code, in particular, item 2.1 of Section 1101.3.2.

 

This rule re-establishes most of the prototypes in the TPPNs as acceptable prototype bathrooms and powder rooms in alterations in buildings that were originally occupied on or before March 13, 1991.  Alterations in buildings that were occupied after such date, or where full compliance with the bathroom and powder room prototypes cannot be achieved, are subject to Chapter 11 of the New York City Building Code and the most recent adopted accessibility standard, unless a waiver is granted pursuant to Section 1101.3.5 of the New York City Building Code.

 

The relevant TPPNs will be rescinded once this rule is effective.

 

The Department of Buildings’ authority for these rules is found in sections 643 and 1043 of the New York City Charter and section BC 1101.3.2 of the New York City Building Code, codified in Title 28 of the 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

Download Copy of Proposed Rule (.pdf): 

Proposed Rules: Closed to Comments

Agency:
Comment By: 
Monday, November 9, 2015
Proposed Rules Content: 

 

Statement of Basis and Purpose of Proposed Rule

  

The Department’s current regulations for cranes and derricks are found in Reference Standard RS 19-2 of the 1968 New York City Building Code (RS 19-2).  This standard is being repealed and replaced by this rule.

 

 This proposed rule:

  

  • addresses the minimum safety requirements for, and regulates the design, construction, permitting, installation, removal, adjustment, repair, inspection, maintenance, operation, and use of cranes and derricks.

 

  • references, utilizes, and requires compliance with the latest nationally recognized American Society of Civil Engineers (ASCE), American Society of Mechanical Engineers (ASME), European Committee for Standardization (EN), International Organization for Standardization (ISO), and Society of Automotive Engineers (SAE) standards.

  

  • incorporates several recommendations made by the Department’s High Risk Construction Oversight (HRCO) study (issued June 2009) that pertain to cranes and derricks. 

  

  • is the first phase of a multi-phase effort to increase public safety by modernizing New York City’s crane and derrick regulations.

  

  • is based on input from over three dozen representatives of crane and derrick manufacturers, filing engineers, operating engineers, owners, and construction firms.

  

Subdivisions (a) through (e) of the proposed rule incorporate and edit provisions of RS 19-2 that pertain to the certificate of approval, as well as the definitions and scope language contained in RS 19-2.  The certificate of approval (also known as the “prototyping process” or “prototype”) is the first of three certificates that must be obtained before a crane or derrick can operate in New York City.  The certificate of approval evaluates the design of the make and model of the crane or derrick, and authorizes the make and model of the crane or derrick to operate in the city.  Provisions retaining to the other two certificates (operation and on-site inspection) will be addressed by rule in subsequent phases.

  

Specifically:

  

  • Subdivision (a) of the rule is derived from Section 1.0 of RS 19-2.

  

·         It is being revised to update cross references from the 1968 New York City Building Code to the New York City Construction Codes, and to utilize terminology contained in the Construction Codes. 

  

·         Language is added to clarify that equipment which meets the definition of a crane or derrick is covered by the scope of the rule, and follows similar action taken by OSHA to clarify that dedicated pile drivers and other machinery are considered to be a crane or derrick under the Occupational Safety and Health Administration (OSHA) regulations.

  

  • Subdivision (b) of the rule is derived from Section 2.0 of RS 19-2, and contains the definitions utilized in the rule.

  

·         A number of the definitions are contained in Chapter 33 of the Building Code and are republished here for convenience.

  

·         Definitions not currently found in RS 19-2 are added.

  

·         The proposed definitions of “attachments” and “component” are derived from HRCO recommendation C-20.  HRCO further recommended that the department develop a system to track components and attachments; this will be assessed in a future phase.

  

·         The remaining definitions are currently found in RS 19-2, with some modifications made for clarity or to reflect current technology.

  

·         HRCO recommendation C-12 proposed that the city update its crane regulations to reflect a new type of crane, an “articulating boom crane.”  The definitions for “crane” and “articulating boom crane” are modified in the rule to match earlier changes made to these definitions in the Construction Codes to conform to the HRCO recommendation.

  

  • Subdivision (c) of the rule cross references and consolidates existing provisions for crane certificates and permits.

  

  • Subdivision (d) of the rule contains the requirements for the certificate of approval.

  

·         This language replaces the provisions in section 3.0 of RS 19-2, which is deleted.

  

·         Paragraph (1) of subdivision (d) adopts certain items in HRCO recommendation C-7 concerning standards to be followed by crane and derrick manufacturers, as well as information crane and derrick manufacturers need to supply to the department.

  

·         Paragraph (1) of subdivision (d) requires technical information related to the crane or derrick’s wind design and counterweight configurations to be submitted to the department. 

 

·         Also, paragraph (1) requires an engineer to provide a technical certification as to the design of the crane or derrick. 

  

·         Current requirements from RS 19-2 for a brochure, load rating charts, and listing of components to be submitted by the manufacturer are retained in paragraph (1).

  

·         Paragraphs (2) and (3) reflect current requirements.

  

·         Paragraph (4) clarifies the circumstances that trigger an amendment to a certificate of approval, and the information to be filed as part of an amendment.  It also establishes two new pathways to file an amendment; the first by the manufacturer and the second by an owner of a crane or derrick.  These pathways are derived from OSHA, which limits the ability of an owner to modify a crane or derrick.  (See 29 CFR §1926.1434).

  

·         Paragraph (5) establishes a new pathway for manufacturers to provide updated information, such as manuals and checklists, to the department without triggering the need to file an amendment.

  

·         Paragraph (6) provides specific criteria for providing the department with safety bulletins and recall notices. 

  

·         Paragraph (7) requires notification if the manufacturer loses its ISO accreditation. 

  

·         Paragraphs (8) and (9) reflect current requirements.

  

  • Subdivision (e) sets forth acceptable design and testing standards for which cranes or derricks must satisfy in order to be issued a certificate of approval.

 

Subdivisions (f) through (x) of this proposed rule contain items relating to jobsite specific design and operation of a crane or derrick.  These are simply a re-promulgation of sections of RS 19-2, with minor edits made to renumber and correct cross-references.  These sections will be amended by rule in subsequent phases.

 

The Department of Buildings’ authority for these rules is found in sections 643 and 1043 of the New York City Charter, section 28-103.19 of the New York City Administrative Code and section 3319.1 of the New York City Building Code.

  

Material new to Rule 3319-01 that is not contained in RS 19-2 is underlined.

  

Material new to Rule 3319-01 that is contained in RS 19-2 is italicized.

  

[Material that is in RS 19-2 but is not being adopted in Rule 3319-01 is italicized and contained within brackets.]

 

 

 

 

Location: 
Department of Buildings
280 Broadway, 3rd floor
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 adds a new section 3610-04 regarding multicompartment elevators to Title 1 of the RCNY.  The rule updates the provisions of section 2.27 of American Society of Mechanical Engineers (“ASME”) standard A17.1-2000 to conform it to the requirements of ASME A17.1-2013.  By requiring additional safety enhancements for multicompartment elevators during fire emergency operations, the updated standard also enhances public safety.   

 

The Department of Buildings’ authority for this rule is found in sections 643 and 1043 of the New York City Charter, section 28-103.19 of the New York City Administrative Code and section BC 3001.2 of the New York City Building Code.

 

New material is underlined.

[Deleted material is in brackets.]

 

 

 

Effective Date: 
Mon, 10/26/2015

Proposed Rules: Closed to Comments

Agency:
Comment By: 
Wednesday, October 14, 2015
Proposed Rules Content: 

 

Statement of Basis and Purpose of Proposed Rule
 

 

The proposed rule removes language referencing high-pressure boiler inspections conducted by the Department of Buildings because the 2014 Administrative Code amendments transferred this responsibility to the building owner.

 

The Department of Buildings’ authority for these rules is found in sections 643 and 1043 of the New York City Charter and section 28-303.2of the New York City Administrative Code.

 

New material is underlined.

[Deleted material is in brackets.]

 

 

 

Subject: 

.

Location: 
Department of Buildings
280 Broadway, 4th 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 rules setting forth National Fire Protection Association (“NFPA”) amendments relating to elevator hoistways and machine rooms, closets and pantries, hydrostatic tests, and exemption from Fire Department connection requirements in one- and two-family residential buildings, and
  • amends the rule setting forth the NFPA amendment relating to the national fire alarm and signaling code to add language relating to occupant evacuation elevators.  This updates the safety requirements to the latest national standard, which will enhance public safety.

  

Sections one through four of the rule repeal sections 3616-01, 3616-02, 3616-03, and 3616-05 of Title 1 of the Rules of the City of New York (RCNY), because sections 3616-02 and 3616-05 have been superseded by Appendix Q of the Building Code, and the amendments to the NFPA standards that had been set forth in 3616-01 and 3616-03 have been superseded by the most recent associated NFPA standards, as amended by Appendix Q.

 

 

Section five of the proposed rule amends section 3616-04 of Title 1 of the RCNY to update provisions of section 21.6 of NFPA 72 regarding occupant evacuation elevators to conform to the requirements of NFPA 72-2013.  

 

 

The Department of Buildings’ authority for this rule is found in sections 643 and 1043 of the New York City Charter, section 28-103.19 of the New York City Administrative Code, and section BC 3008 of the New York City Building Code (found in Chapter 7 of Title 28 of the New York City Administrative Code).

 

 

Note that an asterisk (*) found within this rule, following the number or letter designating a paragraph, indicates that explanatory material on the paragraph can be found in Annex A of NFPA 72.

 

 

“Shall” and “must” denote mandatory requirements and may be used interchangeably in the rules of this department, unless otherwise specified or unless the context clearly indicates otherwise.

 

 

New material is underlined.

 

 

[Deleted material is in brackets.]

 

 

 

 

 

 

Effective Date: 
Thu, 10/08/2015

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