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Adopted Rules: Closed to Comments

Adopted Rules Content: 

 

Statement of Basis and Purpose of  Rule

 

Prior to the revisions that have been adopted, this rule set out methods for calculating the market value of a structure to determine if a structure has been or will be substantially damaged or substantially improved as such term is defined in Appendix G of the New York City Building Code. This rule also mandated that when the cost of an alteration exceeds $40,000, calculations must be submitted to the Department to verify that a building will not be substantially improved as a result of such alteration.

 

Subdivision (e) of this rule has been amended to clarify that signed-off work is not counted as part of the cost calculation.

 

Subdivision (g) of this rule has been amended to alter the trigger for which calculations are required to be submitted. The amendment allows the Department to effectively enforce the requirement of Appendix G both for structures of low and high market value. Applying the $40,000 trigger universally over the entire stock of buildings in New York City is not the most effective use of either the City’s or the building owner’s resources, as buildings of substantial market value can perform alterations of significant scope without being deemed substantially improved.

 

For buildings of significant value this rule amendment allows smaller alterations that exceed $40,000 dollars to proceed without presenting calculations to the Department, which will result in faster plan review and approval without compromising effective enforcement of the Department’s regulations.

 

The Department of Buildings’ authority for promulgating this rule and amendments thereto is found in sections 643 and 1043 of the New York City Charter, section 28-104.7.11 of the New York City Administrative Code and section G 201.2 of the New York City Building Code.

 

 

 

Effective Date: 
Thu, 07/30/2015

Proposed Rules: Closed to Comments

Agency:
Comment By: 
Wednesday, July 8, 2015
Proposed Rules Content: 

 

Statement of Basis and Purpose of Proposed Rule

 

The proposed rule:

  • repeals rules relating to the safety code for existing elevators and escalators;
  • repeals rules relating to the safety code for machine-room-less elevators (machine-room-less elevators do not require a separate machine room because elevator equipment is in the shaft); and
  • adds a new rule regarding elevator emergency operation and signaling devices, including provisions related to occupant evacuation (namely, when elevators are to be used for occupant evacuation, in accordance with section 403.5.2 of the New York City Building Code).

Sections one through three of the proposed rule repeal sections 103-08, 3610-01 and 3610-02 of Title 1 of the Rules of the City of New York (RCNY), because such sections have been superseded by Chapters K3 and K4 of Appendix K of the Building Code. 

Section four of the proposed rule adds a new section 3610-01 to Title 1 of the RCNY to update 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 and to establish consistent fire emergency operations and evacuation procedures to enhance public safety.  Further, section four adds and modifies some ASME A17.1-2013 language, which has not yet been adopted into the Building Code, regarding occupant evacuation operation of elevators.

The Department of Buildings’ authority for this proposed 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 sections BC 403.5.2 and BC 3008 of the New York City Building Code (found in Chapter 7 of Title 28 of the New York City Administrative Code).

New material is underlined.

[Deleted material is in brackets.]




Subject: 

Proposed Rule - Occupant Evacuation Operation of Elevators

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

No contact

Proposed Rules: Closed to Comments

Agency:
Comment By: 
Friday, June 12, 2015
Proposed Rules Content: 

 

Statement of Basis and Purpose of Proposed Rule

 

The current rule sets out methods for calculating the market value of a structure to determine if a structure has been or will be substantially damaged or substantially improved as such term is defined in Appendix G of the New York City Building Code. This rule also mandates that when the cost of an alteration exceeds $40,000, calculations must be submitted to the Department to verify that a building will not be substantially improved as a result of such alteration.

 

Subdivision (e) of this rule is being amended to clarify that signed-off work is not counted as part of the cost calculation.

 

Subdivision (g) of this rule is being amended to alter the trigger for which calculations are required to be submitted. The amendment would allow the Department to effectively enforce the requirement of Appendix G both for structures of low and high market value. Applying the $40,000 trigger universally over the entire stock of buildings in New York City is not the most effective use of either the City’s or the building owner’s resources, as buildings of substantial market value can perform alterations of significant scope without being deemed substantially improved.

 

For buildings of significant value this rule amendment would allow smaller alterations that exceed $40,000 dollars to proceed without presenting calculations to the Department, which will result in faster plan review and approval without compromising effective enforcement of the Department’s regulations.

 

The Department of Buildings’ authority for these rules is found in sections 643 and 1043 of the New York City Charter, section 28-104.7.11 of the New York City Administrative Code and section G 201.2 of the New York City Building 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

Adopted Rules: Closed to Comments

Adopted Rules Content: 

 

Statement of Basis and Purpose

 

 

Local Law 141 of 2013, which went into effect on December 31, 2014, amends 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. 

  

Local Law 141 amended some requirements, added new requirements and renumbered existing sections of the affected codes. The following amendments to 1 RCNY § 102-01 add certain new violations contained in the NYC Construction Codes and Zoning Resolution, some of which were created by the enactment of Local Law 141. In addition, unrelated to Local Law 141, the Department of Buildings clarifies existing violations in its rules by amending their sections of law and violation descriptions. These violations relate to:

  

  • the requirement to obtain a service equipment Certificate of Compliance prior to operation;
  • the operation, maintenance, testing, and inspection of elevators and conveying systems, and the provision of notice when an elevator will be out of service due to repair work;
  • the tampering, removing or defacing of a Stop Work Order or Vacate Order prior to its rescission by the Commissioner;
  • failing to obey a Vacate Order;
  • failing to conduct or file a final inspection of permitted work with the Department of Buildings;
  • damaging or removing trees in a Special Natural Area District without certification, authorization or special permit; and
  • the requirement to make readily available a scaffold training certificate card.

 
Finally, the Department of Buildings makes one change to correct a typographical error in a previously adopted Rule change regarding scaffold training certification violations. 

  

The Department of Buildings’ authority for these rules is found in sections 643 and 1043 of the New York City Charter and sections 28-201.2, 28-201.2.1, 28-201.2.2, and 28-202.1 of the New York City Administrative Code.

 

 

 

 

 

Effective Date: 
Mon, 04/20/2015

Proposed Rules: Closed to Comments

Agency:
Comment By: 
Monday, April 13, 2015
Proposed Rules Content: 

NOTE: In accordance with Section 1043(e)(iii) of the City Charter DOB will not hold a public hearing on the proposed rule amendment on the grounds that a hearing would serve no public purpose.

  

Statement of Basis and Purpose of Proposed Rule

 

The Department is proposing to renumber Chapter 100 and Subchapters A-E of Title 1 of the Rules of the City of New York in order to clear up some confusion regarding the organization of the chapter.

 

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

 

 

 

Subject: 

.

Contact: 

No contact

Download Copy of Proposed Rule (.pdf): 

Proposed Rules: Closed to Comments

Agency:
Comment By: 
Wednesday, March 25, 2015
Proposed Rules Content: 

 

Statement of Basis and Purpose

 

 

Local Law 141 of 2013, which went into effect on December 31, 2014, amends 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. 

  

Local Law 141 amended some requirements, added new requirements and renumbered existing sections of the affected codes. The proposed amendments to 1 RCNY § 102-01 add certain new violations contained in the NYC Construction Codes and Zoning Resolution, some of which were created by the enactment of Local Law 141. In addition, unrelated to Local Law 141, the Department of Buildings seeks to clarify existing violations in its rules by amending their sections of law and violation descriptions. These violations relate to:

   

  • the requirement to obtain a service equipment Certificate of Compliance prior to operation;
  • the operation, maintenance, testing, and inspection of elevators and conveying systems, and the provision of notice when an elevator will be out of service due to repair work;
  • the tampering, removing or defacing of a Stop Work Order or Vacate Order prior to its rescission by the Commissioner;
  • failing to obey a Vacate Order;
  • failing to conduct or file a final inspection of permitted work with the Department of Buildings; and
  • damaging or removing trees in a Special Natural Area District without certification, authorization or special permit.

 
The Department of Buildings’ authority for these rules is found in sections 643 and 1043 of the New York City Charter
and sections 28-201.2, 28-201.2.1, 28-201.2.2, and 28-202.1 of the New York City Administrative Code.

 

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

 

Local Law 141 of 2013 repealed Section 3314 of the New York City Building Code regarding scaffolds and replaced it with new language.  This rule clarifies 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 rule states 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.

 

 

 

Effective Date: 
Wed, 03/11/2015

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

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