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Adopted Rules: Closed to Comments

Adopted Rules Content: 

 

Statement of Basis and Purpose of Rule

 

  

The Department of Buildings (“Department”) is making the following changes to Title 1 of the Rules of the City of New York (“Rules”):  

  • amend and renumber sections 9-01 and 9-02; and  
  • repeal sections 9-03 and 9-04. 

The Department is amending section 9-01, regarding supervisory responsibilities of licensed riggers, and section 9-02, regarding supervisory responsibilities of licensed sign hangers, by  

  • updating the sections to reflect changes made to the New York City Administrative Code (“Administrative Code”) by Local Law 141 of 2013 and renumbering them as sections 104-20 and 104-21, respectively;  
  • clarifying how foremen are designated; and,  
  • moving the process under which licensed riggers and sign hangers issue certificates of fitness  for qualified scaffold users from section 9-03 of the Rules to new sections 104-20 and 104-21 in order to include this process within the context of licensee supervision of such work.   

The Department is also repealing sections 9-03 and 9-04, as these provisions are, or will be, addressed elsewhere in the Administrative Code or the Rules.   

·        Section 9-03 concerns minimum qualifications for scaffold users. The substance of this rule is being moved to sections 104-20 and 104-21.  Additionally, the training course requirements under this rule have been codified under Section 3314 of the New York City Building Code (“Building Code”) by Local Law 141 of 2013. 

·        Section 9-04 concerns the process and conditions under which the Department may revoke, suspend or not renew rigger and sign hanger licenses.  The substance of this rule has already been codified under Article 401 of Chapter 4 of Title 28 of the Administrative Code and section 104-07 of Title 1 of the Rules.   

 

The Department is also amending subdivision (j) of Section 102-01 to reflect the renumbering of Section 9-01 and paragraph (6) of subdivision (a) of Section 104-10 to reflect the repeal of Section 9-03. 

 

The Department’s authority for these rules is found in sections 643 and 1043(a) of the New York City Charter, sections 28-404.1 and 28-415.1 of the Administrative Code, and section 3314 of the Building Code.

 

 

Effective Date: 
Wed, 03/11/2015

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 3310-01 of Title 1 of the Rules of the City of New York (“RCNY”) regarding site safety managers (SSMs) for façade work, upon the publication in the City Record of its Notice of Adoption. 

This rule seeks to enhance site safety at façade projects by establishing a new, 35-item site safety inspection checklist for façade projects.  Existing site safety inspection checklists in the rule are geared to the construction of a new building or the demolition of an existing building and do not adequately capture the site safety hazards associated with a façade project.  This results in uneven site safety oversight at façade projects as contractors and site safety professionals are left to apply their own inspection criteria at façade projects.  The new checklist for façade projects will close this critical gap and help ensure all site safety façade projects perform the same comprehensive site safety inspections. 

Additionally, there is a shortage of site safety managers available to oversee site safety projects.  This, coupled with the recent increase in construction jobs, has the potential to stall construction activity.  This rule requires site safety managers to be present at a façade project during critical operations, for example, the full recladding of a façade, or the installation of a supported scaffold or mast climber.  For all other times during ordinary work at a site safety façade project, the rule allows a licensed rigger to provide site safety oversight.  Riggers are licensed by the department and today perform the majority of façade repairs in New York City.  In the alternative, the rule allows a qualified person approved by the site safety manager and who has completed Department of Buildings approved training to provide site safety oversight.  This will help to ensure site safety managers are present for operations that require their expertise to protect public safety.

 

 

Statement of Basis and Purpose of Rule

 

Section 3310-01 of the DOB’s rules establishes site safety requirements for major buildings.  The prior rules were drafted with construction and demolition sites in mind.  However, façade projects possess their own unique safety challenges, which the existing site safety requirements do not specifically address.  Accordingly, DOB Rule section 3310-01 is amended to establish separate site safety requirements for major building façade projects.

 

 

Specifically, the amendments to section 3310-01:

 

 

·        Establish a new table of inspections for façade jobs.

 

·        Require a site safety manager to inspect prior to the start of a façade job to verify compliance with the site safety plan.

 

·        For the full recladding of a façade, require a site safety manager to be present full time.

 

·        For façade repairs/alteration/maintenance (not full recladding), require a site safety manager to be present during certain operations.

 

·        For façade repairs/alteration/maintenance (not full recladding), require a “qualified person” designated by the permit holder to be present at all times active work is occurring.

 

·        Set out requirements for the “qualified person.”

 

 

The Department’s authority for these rules is found in sections 643 and 1043(a) of the New York City Charter and section 3310 of the New York City Building Code.

 

 

 

 

 

 

Effective Date: 
Fri, 01/30/2015

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 amendments to Section 5000-01 of Title 1 of the Rules of the City of New York, regarding construction document compliance with the 2014 New York City Energy Conservation Code (“NYCECC”), upon the publication in the City Record of its Notice of Adoption.

 

The 2014 NYCECC was enacted by Local Law 4 for the year 2015, effective January 1, 2015.  Requirements for new code provisions of commercial buildings and progress inspections in the current 1 RCNY §5000-01 cite an earlier version of the NYCECC, making the citations from the rule incorrect for the 2014 NYCECC and associated inspection forms.  Adoption of this proposed amendment to the current rule will correct the misalignment between the code and the rule, and resolve the considerable confusion resulting in the industry.

 

 

Statement of Basis and Purpose

 

  

Local Law 4 for the year 2015 was effective as of January 1, 2015. It updates the New York City Energy Conservation Code (“City Energy Code”) to comply with the requirements of the State Energy Law and the 2014 updates to the New York State Energy Code (“State Energy Code”). This rule amends 1 RCNY Section 5000-01, which implements the City Energy Code, to conform to the changes to the City Energy Code in Local Law 4. The rule also reflects changes in the State Energy Code regarding specific tests, inspections and code references.

 

  

Specifically, this amendment to Section 5000-01:

 

  

·                 Removes definitions listed in the rule that will be defined in the City Energy Code, if Intro. 550 is enacted;

 

·                 Adds and removes progress inspections to correspond to City Energy Code requirements that come into effect if Intro. 550 is enacted;

 

·                 Clarifies the existing supporting documentation submission requirements by requiring a supporting documentation index; and

 

·                 Clarifies commissioning requirements.

 

 

References in this rule to the Administrative Code or the New York City Energy Conservation Code mean the Administrative Code or the New York City Energy Conservation Code, respectively, as amended by Local Law 4 of 2015.

 

  

The Department of Buildings’ authority for these rules is found in sections 643 and 1043 of the New York City Charter.  Section 5 of Local Law 4 authorizes the Department to promulgate rules implementing the changes to the City Energy Code.  Section 4 of Local Law 4 repeals and replaces section 28-1001.2 of the Administrative Code of the City of New York, and includes authority for the Department to issue this rule.

 

 

 

 

 

 

Effective Date: 
Fri, 01/30/2015

Proposed Rules: Closed to Comments

Agency:
Comment By: 
Friday, January 16, 2015
Proposed Rules Content: 

                                                              Statement of Basis and Purpose                                                                                                                                                


New York City Council’s Introduction number 550 for the year 2014 is expected to be enacted and go into effect on January 1, 2015. If enacted, it will update the New York City Energy Conservation Code (“City Energy Code”) to comply with the requirements of the State Energy Law and the 2014 updates to the New York State Energy Code (“State Energy Code”). This proposal amends the rule implementing the City Energy Code, 1 RCNY Section 5000-01, to conform to the proposed changes to the City Energy Code in Intro. 550. 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:

 -  Removes definitions listed in the rule that will be defined in the City Energy Code, if Intro. 550 is enacted;

 -  Adds and removes progress inspections to correspond to City Energy Code requirements that come into effect if Intro. 550 is enacted;

 - Clarifies the existing supporting documentation submission requirements by requiring a supporting documentation index; and

 -  Clarifies commissioning requirements.

 

References in this proposed rule to the Administrative Code or the New York City Energy Conservation Code mean the Administrative Code or the New York City Energy Conservation Code, respectively, as amended by Intro. 550, if enacted.

 

The Department of Buildings’ authority for these rules is found in sections 643 and 1043 of the New York City Charter.  Section 5 of Intro. 550 will authorize the Department to promulgate rules implementing the changes to the City Energy Code before they go into effect.  Section 4 of Intro. 550 repeals and replaces section 28-1001.2 of the Administrative Code of the City of New York, and includes authority for the Department to issue this proposed Rule.

 

 

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: 
Friday, January 9, 2015
Proposed Rules Content: 

Statement of Basis and Purpose of Proposed Rule

Local Law 141 of 2013 repealed Section 3314 of the New York City Building Code regarding scaffolds and replaced it with new language.  This proposed rule will clarify that Section 3314.4.5, which sets out training requirements for individuals who install, adjust, repair, maintain, use, inspect, or remove a suspended scaffold, or who supervise such work, applies to all work on suspended scaffolds on and after December 31, 2014, including for jobs filed prior to such date. Those requirements had previously been located in Rule 9-03, which is being repealed in another rulemaking.

The proposed new rule will state that on and after December 31, 2014 anyone who works on a suspended scaffold or who supervises such work must comply with the training requirements of Section 3314.4.5 of the New York City Building Code.

The Department of Buildings’ authority for these rules is found in sections 643 and 1043 of the New York City Charter and Section 3314.4.5 of the New York City Building Code.

Subject: 

Public Hearing on Suspended Scaffold Training Requirements

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, January 12, 2015
Proposed Rules Content: 

 Statement of Basis and Purpose of Proposed Rule

Section 3310-01 of the DOB’s rules establishes site safety requirements for major buildings.  The current rules were drafted with construction and demolition sites in mind.  However, façade projects possess their own unique safety challenges, which the existing site safety requirements do not specifically address.  Accordingly, DOB Rule section 3310-01 is proposed to be amended to establish separate site safety requirements for major building façade projects.

Specifically, the proposed amendments to section 3310-01:

Establish a new table of inspections for façade jobs.

  • Require a site safety manager to inspect prior to the start of a façade job to verify compliance with the site safety plan.
  • For the full recladding of a façade, require a site safety manager to be present full time.
  • For façade repairs/alteration/maintenance (not full recladding), require a site safety manager to be present during certain operations.
  • For façade repairs/alteration/maintenance (not full recladding), require a “competent person” designated by the permit holder to be present at all times active work is occurring.
  • Set out requirements for the “competent person.”

The Department’s authority for these rules is found in sections 643 and 1043(a) of the New York City Charter and section 3310 of the New York City Building Code.

Subject: 

Public Hearing on Façade Site Safety Requirements

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: 
Friday, January 9, 2015
Proposed Rules Content: 

Statement of Basis and Purpose of Proposed Rule

The Department of Buildings (“Department”) is proposing the following changes to Title 1 of the Rules of the City of New York (“Rules”):

  • amend and renumber sections 9-01 and 9-02; and
  • repeal sections 9-03 and 9-04. 

The Department proposes to amend section 9-01, regarding supervisory responsibilities of licensed riggers, and section 9-02, regarding supervisory responsibilities of licensed sign hangers, by

  • updating the sections to reflect changes made to the New York City Administrative Code (“Administrative Code”) by Local Law 141 of 2013 and renumbering them as sections 104-20 and 104-21, respectively;
  • clarifying how foremen are designated; and,
  • moving the process under which licensed riggers and sign hangers issue certificates of fitness  for qualified scaffold users from section 9-03 of the Rules to new sections 104-20 and 104-21 in order to include this process within the context of licensee supervision of such work. 

The Department also proposes to repeal sections 9-03 and 9-04, as these provisions are, or will be, addressed elsewhere in the Administrative Code or the Rules. 

  • Section 9-03 concerns minimum qualifications for scaffold users. The substance of this rule will be moved to sections 104-20 and 104-21.  Additionally, the training course requirements under this rule have been codified under Section 3314 of the New York City Building Code (“Building Code”) by Local Law 141 of 2013.
  • Section 9-04 concerns the process and conditions under which the Department may revoke, suspend or not renew rigger and sign hanger licenses.  The substance of this rule has already been codified under Article 401 of Chapter 4 of Title 28 of the Administrative Code and section 104-07 of Title 1 of the Rules. 

The Department also proposes to amend subdivision (j) of Section 102-01 to reflect the renumbering of Section 9-01.

The Department’s authority for these rules is found in sections 643 and 1043(a) of the New York City Charter, sections 28-404.1 and 28-415.1 of the Administrative Code, and section 3314 of the Building Code.

Subject: 

Public hearing on amendment of rules governing rigging operations

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

 

Local Law 52 of 2014 changed the effective dates of amendments of the New York City Construction Codes pursuant to Local Law 141 of 2013 and certain other local laws as set forth in Local Law 52 from October 1, 2014 to December 31, 2014.  These amendments together are commonly referred to as “the 2014 NYC Construction Codes”.

 

Therefore, the Department of Buildings (DOB) is amending rules previously adopted pursuant to the 2014 NYC Construction Codes to conform the effective dates of such rules to the new effective date of such code (December 31, 2014) as set forth in Local Law 52 of 2014.

 

In accordance with Section 1043(e)(iii) of the City Charter, DOB did not hold a public hearing on this rule amendment on the grounds that a hearing would have served no public purpose.

 

Further, in accordance with Section 1043(d)(4)(iii) of the City Charter, this rule is not subject to review pursuant to Section 1043(d) of same.

 

New material is underlined.

[Deleted material is in brackets.]

 

 

 

Effective Date: 
Fri, 12/19/2014

Proposed Rules: Closed to Comments

Agency:
Comment By: 
Friday, October 31, 2014
Proposed Rules Content: 

 

Statement of Basis and Purpose

 

Intro 474 of 2014 extends the effective date of the 2014 NYC Construction Codes from October 1, 2014 to December 31, 2014.

 

The rules the Department is proposing to amend herein, which implement various provisions of the 2014 NYC Construction Codes, currently have effective dates of October 1, 2014 (with the exception of 1 RCNY 104-08, which currently has no specified effective date).

 

Therefore, since Intro 474 extends the effective date of the new Codes to December 31, 2014, DOB is proposing to amend the rules set forth herein in order to extend their effective dates to December 31, 2014, as well.

 

In accordance with Section 1043(e)(iii) of the City Charter, DOB is not holding a public hearing on this proposed rule amendment on the grounds that a hearing would serve no public purpose.

 

Further, in accordance with Section 1043(d)(4)(iii)of the City Charter, this rule is not subject to review pursuant to Section 1043(d) of same.

 

New material is underlined.

[Deleted material is in brackets.]

 

 

Contact: 

No contact

Adopted Rules: Closed to Comments

Adopted Rules Content: 

 

Local Law 52 of 2014 changed the effective dates of amendments of the New York City Construction Codes pursuant to Local Law 141 of 2013 and certain other local laws from October 1, 2014 to December 31, 2014.   

 

By rule effective December 19, 2014 (see rule titled “Amendment to Change Effective Date of Miscellaneous Rules Related to 2014 Construction Codes”), the Department of Buildings amended the effective date of rules that were previously adopted pursuant to the 2014 NYC Construction Codes to conform them to the new effective date of the code (December 31, 2014). 

 

 

Therefore, this rule went into effect on December 31, 2014, not October 1, 2014.

 

 

Statement of Basis and Purpose of Rule 

 

These rule amendments are promulgated pursuant to the authority of the Commissioner of the New York City Department of Buildings “Department” under Sections 643 and 1043(a) of the New York City Charter and Section 28-103.15 of the New York City Administrative Code.  Under Section 28-103.15, the Commissioner may require an applicant for a work permit to provide proof of workers’ compensation, disability and general liability insurance for a project “in such amounts and in accordance with such specifications as shall be set forth in the rules of the department or as otherwise required by law.” Section 101-08 of Title 1 of the Rules of the City of New York sets forth the specific proof-of-insurance requirements that applicants for work permits must satisfy in order for the Department to issue or renew the necessary permit.  

 

The proposed amendments to Section 101-08:  

 

·        Amend the list of the types of permits to which the rule applies. This will make the rule line up with changes that Local Law 141 of 2013 made to the Administrative Code;  

 

 

·        Add a requirement of $1 million in liability insurance for the installation of scaffolds and sidewalk sheds; 

 

 

·        Clarify that project-specific liability insurance (when required) must cover the type of work to be performed as described in the permit; 

 

 

·        Add a requirement of $2 million in liability insurance for raising or moving a building;  

 

 

·        Eliminate the requirement that a permittee’s liability insurance policy contain a certain cancellation provision, because the inclusion of such provision is already required under the New York State Insurance Law; 

 

 

·        Prohibit a permittee’s liability insurance policy from containing exclusions for work performed within the city of New York or for the type of work described in the work permit; 

 

 

·        Correct a typographical error in the official publication of the rule related to the proposed number of stories for a certain category of buildings that has a $25 million insurance requirement for a new building or major alteration.

 

 

 

The Department of Buildings’ authority for these rules is found in Sections 643 and 1043 of the New York City Charter and Section 28-103.15 of the New York City Administrative Code.

 

New text is underlined. [Deleted material is in brackets.]  

 

 

Effective Date: 
Wed, 12/31/2014

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