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Adopted Rules: Closed to Comments

Adopted Rules Content: 

Local Law 101 of 2015 (LL 101) requires the Department of Buildings (DOB) to refer to the Department of Housing Preservation and Development (HPD) immediately hazardous elevator violations in multiple dwellings that are found after inspection to be uncorrected by the owner. When DOB inspectors find an immediately hazardous condition in an elevator that requires the elevator to be taken out of service until the condition is corrected, they will refer the condition to HPD. Upon such referral, HPD will make an assessment of what action may be necessary based on the inoperable condition of the elevator and other relevant factors. The rules provide criteria to assist HPD in making its determination regarding such action.

Effective Date: 
Mon, 06/27/2016

Proposed Rules: Closed to Comments

Agency:
Comment By: 
Friday, April 15, 2016
Proposed Rules Content: 

Local Law 101 of 2015 (LL 101) requires the Department of Buildings (DOB) to refer to the Department of Housing Preservation and Development (HPD) immediately hazardous elevator violations in multiple dwellings that are found after reinspection to be uncorrected. When DOB inspectors find an immediately hazardous condition in an elevator that requires the elevator to be taken out of service until the condition is corrected, they will refer the condition to HPD. Upon such referral, HPD will make an assessment of what action may be necessary based on the inoperable condition of the elevator and other relevant factors. The rules provide criteria to assist HPD in making its determination regarding such action.

Subject: 

.Proposed Rules Relating to Elevator Violation Referrals

Location: 
Department of Housing Preservation & Development
100 Gold Street Room 5R1
New York, NY 10038
Contact: 

Josh Cucchiaro

Download Copy of Proposed Rule (.pdf): 

Proposed Rules: Closed to Comments

Agency:
Comment By: 
Wednesday, August 19, 2015
Proposed Rules Content: 

 

Statement of Basis and Purpose of Proposed Rule

 

The proposed 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 will update the safety requirements to the latest national standard, which will enhance public safety.

Sections one through four of the proposed 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 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 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 proposed 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.]

 

 

 

Subject: 

.

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

No contact

Proposed Rules: Closed to Comments

Agency:
Comment By: 
Tuesday, April 14, 2015
Proposed Rules Content: 

Statement of Basis and Purpose

 

ECB is proposing a rule to modify the Buildings Penalty Schedule, in order to adequately enforce existing laws and rules and reflect changes brought about by Local Law 141 (LL 141), which went into effect on December 31, 2014.  LL 141 amended the Administrative Code of the City of New York (“Administrative Code”), 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.  LL 141 amended existing requirements, added new requirements, and renumbered existing sections of the affected codes.  In addition, unrelated to LL 141, ECB proposes to modify the Buildings Penalty Schedule to reflect efforts by the Department of Buildings (DOB) to update existing violations in DOB rules by amending their sections of law and violation descriptions.

 

The proposed rule includes twelve changes or additions to the Buildings Penalty Schedule, related to:

  • obtaining the relevant service equipment Certificate of Compliance prior to operation;
  • operating, maintaining, testing, and inspecting elevators and conveying systems (e.g., escalators, moving walkways, chair lifts and amusement devices);
  • providing notice when an elevator will be out of service due to repair work;
  • tampering, removing, or defacing a Stop Work Order or Vacate Order prior to its rescission by the Commissioner of Buildings;
  • failing to obey a Vacate Order;
  • failing to conduct or file a final inspection of permitted work with the DOB; and
  • damaging or removing trees in a Special Natural Area District without certification, authorization or special permit from the Department of City Planning.

 

The penalties for these violations fall within the guidelines for their respective classes of violations, as set forth in Section 28-202.1 of the Administrative Code.  The statutory maximum for each class of violation is:

Class 3 (lesser violations) - $500,

Class 2 (major violations) - $10,000, and

Class 1 (immediately hazardous violations) - $25,000.

 

Subject to these statutory maximums, the penalties in the Buildings Penalty Schedule are calculated as follows:

  • Where there is no default by a respondent, an Aggravated I Penalty is 2 ½ times the Standard Penalty and an Aggravated II Penalty is five times the Standard Penalty. 
  • In the case of a default by a respondent, an Aggravated I Default Penalty is ten times the Standard Penalty and an Aggravated II Default Penalty is set at the statutory maximum prescribed under law. 
  • The Default Penalty is five times the Standard Penalty.

           

New violations that are not Class 1 (immediately hazardous violations) may be indicated as curable in the penalty schedule.

 

 

Subject: 

ECB Proposed Rule concerning the amendment of its Department of Buildings Penalty Schedule regarding the implementation of Local Law 141.

Location: 
NYC Environmental Control Board
66 John Street 10th Floor Conference Room
New York , NY 10038
Contact: 

Elizabeth Nolan at (212) 436-0708 or Jim Macron at (212) 436-0602

Adopted Rules: Closed to Comments

Adopted Rules Content: 

 

Statement of Basis and Purpose of Proposed Rule


On December 30, 2013, Local Law 141 was signed by the Mayor.  Local Law 141
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 to bring these codes up to date with the 2009 editions of the International Building, Mechanical, Fuel Gas and Plumbing Codes.  Certain provisions of that local law went into effect immediately. Among them were sections 28-304.6.4, 28-304.6.5 and 28-304.6.6 of the Administrative Code, which deal with elevator inspections and tests.

These provisions changed the timeframe for filing inspection and testing reports as well as certificates of correction.  This change was made to increase industry compliance by providing a more practical and adequate amount of time to correct defects and file a report.  Rule 103-02 is being amended to reflect the new provisions enacted by Local Law 141.

 

 

 

Effective Date: 
Mon, 05/05/2014

Proposed Rules: Closed to Comments

Agency:
Comment By: 
Wednesday, March 19, 2014
Proposed Rules Content: 

 

Statement of Basis and Purpose of Proposed Rule

On December 30, 2013, Local Law 141 was signed by the Mayor.  Local Law 141 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 to bring these codes up to date with the 2009 editions of the International Building, Mechanical, Fuel Gas and Plumbing Codes.  Certain provisions of that local law went into effect immediately. Among them were sections 28-304.6.4, 28-304.6.5 and 28-304.6.6 of the Administrative Code, which deal with elevator inspections and tests.

These provisions changed the timeframe for filing inspection and testing reports as well as certificates of correction.  This change was made to increase industry compliance by providing a more practical and adequate amount of time to correct defects and file a report.  Rule 103-02 is being amended to reflect the new provisions enacted by Local Law 141.

The Department of Buildings’ authority for these rules is found in sections 643 and 1043 of the New York City Charter and sections 28-304.6.4, 28-304.6.5 and 28-304.6.6 of the New York City Administrative Code.

 

Subject: 

Opportunity to comment on proposed rule to amend timeframes for filing elevator inspection reports and certificates of correction.

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

No contact