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Proposed Rules: Closed to Comments

Agency:
Comment By: 
Tuesday, August 15, 2017
Proposed Rules Content: 

 

 

Statement of Basis and Purpose of Proposed Rule

 

The Fire Department is proposing to amend existing rules 3 RCNY §§ 109-01 and 109-02 to reflect changes in the administrative body that adjudicates most Fire Department violations and to the name of the violation form returnable to that body. The Fire Department is also proposing to adopt a penalty schedule as a new Fire Department rule, 3 RCNY §109-03.

 

The Fire Department is responsible for enforcing the New York City Fire Code (FC) (Title 29 of the Administrative Code); Title 15 of the Administrative Code (Fire Prevention and Control); the New York City Construction Codes (Title 28 of the Administrative Code); and the rules promulgated by the Department and codified in Title 3 of the Rules of the City of New York (“RCNY”).

 

The Fire Department conducts enforcement by, among other things, issuing “FDNY Summonses” to people and businesses that violate the above laws and rules. FDNY Summonses are returnable to the New York City Office of Administrative Trials and Hearings (“OATH”) acting pursuant to Section 1049-a of the New York City Charter, which relates to the Environmental Control Board (“ECB”). In 2008, ECB became part of OATH.  The new procedural rules of OATH’s Hearings Division, found in Chapter 6 of the Rules of the City of New York, use the term “Summons” rather than “Notice of Violation.”

 

Accordingly, to reflect the changes described above, the Fire Department now proposes conforming amendments to Sections 109-01 and 109-02 of its rules.

 

Additionally, the Fire Department’s penalty schedule used in the adjudication of agency violations, which defines the penalties associated with each type of violation of the above laws and rules, will now be included in the Fire Department’s rules. The Department’s penalty schedule is currently promulgated as part of the OATH rules, and that rule will be repealed by OATH simultaneous with the Fire Department’s adoption of this rule.

 

The enforcement agencies possess the expertise to adopt appropriate penalties based upon the severity of each violation and its corresponding impact on public safety.  Making the penalty schedule part of the issuing agency’s rules will make it more accessible to the public as it will now be located in the same title and chapter as the rules cited in the FDNY Summonses.

 

Accordingly, the Fire Department hereby proposes adoption of a new rule, 3 RCNY §109‑03, which sets forth a penalty schedule for FDNY Summonses.  The proposed penalty schedule is unchanged from the existing penalty schedule, which is currently codified as 48 RCNY §3‑106 of OATH rules, except that the violation categories for flashback arrestor, backflow valves and gas boosters (BF34) and for cryogenic fluids (BF36) have been eliminated.  Such violations will be integrated into the applicable Violation Categories in a separate rulemaking.

 

The Fire Department’s proposed adoption of the penalty schedule is being undertaken in conjunction with OATH’s proposed repeal of the existing penalty schedule.

 

Text that has been deleted is indicated by [brackets].  Text that has been added is underlined.

 

“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.

Subject: 

Amendments to 3RCNY Section 109-01: FDNY Summons, Certification of Correction and Stipulation Procedures
Amendments to 3RCNY Section109-02: Consolidation of Administrative Code Provisions For Enforcement Purposes
Propose New Rule 3RCNY Section 109-03: Penalty Schedule For FDNY Summonses

Location: 
FDNY Headquarters Auditorium
9 MetroTech Ctr
Brooklyn, NY 11201
Contact: 

No contact

Adopted Rules: Closed to Comments

Adopted Rules Content: 

Statement of Basis and Purpose of Rule

 

Section 16-130(b) of the Administrative Code of the City of New York authorizes the Sanitation Commissioner to establish one or more classes of permits for solid waste facilities that receive, process, and store materials consisting of solid waste and recyclable materials.  In addition, section 16-463 authorizes broad oversight over recycling processing facilities that handle paper and cardboard, metal, glass and plastic, as well as scrap metal, including refrigerant containing items. Some facilities operating in New York City limit their operations to the receipt, process and storage of recyclable materials. 

 

 

Currently, recycling processing facilities are either registered or permitted by the New York State Department of Environmental Conservation as source-separated non-putrescible solid waste recycling recovery facilities or licensed by the New York City Department of Consumer Affairs as scrap metal processors.  A recycling processing facility is defined as a facility where recyclable materials, other than organic waste, are delivered separately from solid waste or where source-separated recyclable materials, other than organic waste, are processed for the purpose of reuse or sale. Section 16-463 authorizes the Department to provide broad oversight of facilities that handle such materials and to promulgate rules that regulate such facilities. 

 

This rule requires recycling processing facilities to register with the Department and allow for the inspection of site operations to ensure that recyclable materials are effectively processed and accurate records are maintained to capture the flow of recyclable materials handled and processed within the facility.  To further this goal, recycling processing facilities will be required to submit quarterly reports to the Department summarizing the handling of such materials within the target period.  This will allow the Department to more accurately determine the recycling diversion rate within New York City. 

 

 

 

DSNY’s authority for these rules is found in sections 753 and 1043(a) of the New York City Charter and sections 16-130 and 16-463 of the New York City Administrative Code.

Effective Date: 
Mon, 10/24/2016

Proposed Rules: Closed to Comments (View Public Comments Received:4)

Agency:
Comment By: 
Thursday, June 16, 2016
Proposed Rules Content: 

Statement of Basis and Purpose of Proposed Rule

 

Section 16-130(b) of the Administrative Code of the City of New York authorizes the Sanitation Commissioner to establish one or more classes of permits for solid waste facilities that receive, process, and store materials consisting of solid waste and recyclable materials.  In addition, section 16-463 authorizes broad oversight over recycling processing facilities that handle paper and cardboard, metal, glass and plastic, as well as scrap metal, including refrigerant containing items. Some facilities operating in New York City limit their operations to the receipt, process and storage of recyclable materials. 

 

 

Currently, recycling processing facilities are either registered or permitted by the New York State Department of Environmental Conservation as source-separated non-putrescible solid waste recycling recovery facilities or licensed by the New York City Department of Consumer Affairs as scrap metal processors.  A recycling processing facility is defined as a facility where recyclable materials, other than organic waste, are delivered separately from solid waste or where source-separated recyclable materials, other than organic waste, are processed for the purpose of reuse or sale. Section 16-463 authorizes the Department to provide broad oversight of facilities that handle such materials and to promulgate rules that regulate such facilities. 

 

This rule requires recycling processing facilities to register with the Department and allow for the inspection of site operations to ensure that recyclable materials are effectively processed and accurate records are maintained to capture the flow of recyclable materials handled and processed within the facility.  To further this goal, recycling processing facilities will be required to submit quarterly reports to the Department summarizing the handling of such materials within the target period.  This will allow the Department to more accurately determine the recycling diversion rate within New York City. 

 

 

 

DSNY’s authority for these rules is found in sections 753 and 1043(a) of the New York City Charter and sections 16-130 and 16-463 of the New York City Administrative Code.

Subject: 

Proposed Rules Relating to the Registration of Recycling Processing Facilities

Location: 
DSNY Headquarters
125 Worth Street 2nd Floor Auditorium
New York, NY 10013
Contact: 

Madelynn Liguori (646) 885-4786

Adopted Rules: Closed to Comments

Adopted Rules Content: 

Statement of Basis and Purpose of Final Rule

 

The New York City Environmental Control Board (ECB) has modified the ECB Buildings Penalty Schedule found in Section 3-103 of Subchapter G of Chapter 3 of Title 48 of the Rules of the City of New York to enforce Local Law 77 of 2015.

 

The ECB held a public hearing on September 21, 2015 regarding amendments to its Department of Buildings (DOB) Penalty Schedule found in Section 3-103 of Subchapter G of Chapter 3 of Title 48 of the Rules of the City of New York. One representative from DOB attended the public hearing. No written comments or oral testimony concerning this Proposed Rule were received at the September 21, 2015 public hearing. 

 

In response to a recent outbreak of Legionnaires’ disease in the South Bronx, the City Council enacted and the Mayor signed into law Local Law 77 of 2015, effective August 18, 2015. Section one of Local Law 77 of 2015 added a new Article 317, entitled “Cooling Towers” to chapter 3 of title 28 of the New York City Administrative Code (the Code).

 

Section 28-317.3, entitled “Registration,” requires all cooling towers to be registered with the DOB before initial operation as required by the DOB Commissioner. Owners of existing cooling towers must register their towers within 30 days of the law’s effective date.  Thus, owners of existing cooling towers were required to register their towers by September 17, 2015.

 

Section 28-317.3.1, entitled “Discontinued use,” requires owners or operators of cooling towers to notify DOB within 30 days of removing or permanently discontinuing use of a cooling tower and to include in their notice a statement that the tower was drained and sanitized in compliance with Department of Mental Health and Hygiene (DOHMH) rules for discontinuance of a cooling tower.

 

Section 28-317.5, entitled “Annual certification,” requires owners or operators of cooling towers to certify that the cooling tower was inspected, tested, cleaned and disinfected in compliance with section 17-194.1 of the Code and the rules of DOHMH , and that a maintenance program and plan has been developed and implemented as required by such section. The owner or operator must submit the certification by November 1, 2016 and every November 1 of each year thereafter, or as otherwise specified in DOB’s rules.

 

Section 28-317.7, entitled “Enforcement,”  makes failure to register a cooling tower or submit a certification or statement required by new article 317 a major (also called Class 2) violation. The statutory maximum for a major violation is $10,000.

 

To support enforcement of this law, the Board has added three new charges to the Buildings Penalty Schedule.

 

 

Effective Date: 
Tue, 09/29/2015

Proposed Rules: Closed to Comments (View Public Comments Received:5)

Agency:
Comment By: 
Thursday, October 22, 2015
Proposed Rules Content: 

 

Statement of Basis and Purpose of Proposed Rule

 

 

 

Businesses in New York City are required to recycle in accordance with the Department of Sanitation’s commercial recycling rules promulgated pursuant to Local Law No. 87 of 1992, which amended §16-306 of the Administrative Code. Private carters, which collect and dispose of putrescible and non-putrescible waste from commercial waste generators in New York City, must recycle designated recyclable materials, including paper, cardboard, metal, glass and plastic.

 

 

 

The proposed rules would revise the City’s current commercial recycling rules to simplify the requirements, which would make them more understandable for businesses and easier to follow.  Currently, certain types of businesses are required to recycle different materials than other types of businesses.  Eliminating the distinction between businesses types and applying the same rules for all businesses will facilitate greater recycling participation and make recycling easier for businesses.  In addition, allowing single stream collection and recycling (when all designated recyclable metal, glass, plastic and paper are placed in the same bags or bins by a business), and co-collection of recyclables (when all designated recyclable metal, glass and plastic is source separated from designated paper by the business, but a private carter places the source separated materials into the same compartment of a waste hauling truck), will help make commercial recycling easier to manage and can significantly increase diversion of recyclables from landfills. 

 

 

 

The proposed rules:

 

 

 

·       Amend §1-01 by adding, amending and removing relevant definitions;

 

·       Make technical amendments to §1-02 (collection service), §1-08 (residential recycling) and §1-09 (agency and institutional recycling); 

 

·       Designate a number of recyclable materials, including, but not limited to, metal, glass, plastic,  and paper, to the list of items that businesses that receive private-carter collection are required to recycle;

 

·       Prohibit the commingling of any designated recyclable materials with solid waste;

 

·       Allow private carters, in addition to separate pick-up of designated recyclable materials, to utilize single stream collection and recycling or the co-collection of recyclables;

 

·       Require any generator of private carter collected waste to post a sign identifying: 1) its private carter(s); 2) by type, each designated recyclable material that will be collected by each private carter, and; 3) if such private carter will be utilizing single stream collection and recycling or co-collection of recyclables;

 

·       Provide implementation and notice requirements for owners, net lessees, or persons-in-charge who arrange for private carter collection, and set forth recycling requirements for their tenants and occupants;

 

·       Set forth responsibilities of operators of non-putrescible and putrescible solid waste transfer stations; and

 

·       Provide for the enforcement of such rules in accordance with the New York City Administrative Code.

 

 

 

 

 

 

 

 

 

DSNY’s authority for these rules is found in sections 753 and 1043(a) of the New York City Charter and section 16-306 of the New York City Administrative Code.

 

 

Subject: 

Source Separation and Recycling Requirements for Entities that Receive Private Carter Collection

Location: 
DSNY Headquarters
125 Worth Street 2nd Floor Auditorium
New York, NY 10013
Contact: 

Madelynn Liguori, Associate Counsel, (646) 885-4786

Proposed Rules: Closed to Comments (View Public Comments Received:2)

Agency:
Comment By: 
Monday, September 21, 2015
Proposed Rules Content: 

Statement of Basis and Purpose

 

The New York City Environmental Control Board (ECB) is proposing a rule to modify the ECB Buildings Penalty Schedule found in Section 3-103 of Subchapter G of Chapter 3 of Title 48 of the Rules of the City of New York to enforce Local Law 77 of 2015.

 

In response to a recent outbreak of Legionnaires’ disease in the South Bronx, the City Council enacted and the Mayor signed into law Local Law 77 of 2015, which goes into effect on August 18, 2015. Section one of Local Law 77 of 2015 adds a new Article 317, entitled “Cooling Towers” to chapter three of title 28 of the New York City Administrative Code (the Code).

 

Section 28-317.3, entitled “Registration,” requires all cooling towers to be registered with the Department of Buildings (DOB) before initial operation as required by the DOB commissioner. Owners of existing cooling towers must register their towers within 30 days of the law’s effective date.

 

Section 28-317.3.1, entitled “Discontinued use,” requires owners or operators of cooling towers to notify DOB within 30 days of removing or permanently discontinuing use of a cooling tower and to include in their notice a statement that the tower was drained and sanitized in compliance with Department of Mental Health and Hygiene (DOHMH) rules for discontinuance of a cooling tower.

 

Section 28-317.5, entitled “Annual certification,” requires owners or operators of cooling towers to certify that the cooling tower was inspected, tested, cleaned and disinfected in compliance with section 17-194.1 of the Code and the rules of DOHMH , and that a maintenance program and plan has been developed and implemented as required by such section. The owner or operator must submit the certification by November 1, 2016 and every November 1 of each year thereafter, or as otherwise specified in DOB’s rules.

 

Section 28-317.7, entitled “Enforcement,”  makes failure to register a cooling tower or submit a certification or statement required by new article 317 a major (also called Class 2) violation. The statutory maximum for a major violation is $10,000.

 

To support enforcement of this new law, the Board is adding three new charges to the Buildings Penalty Schedule.

 

 

Subject: 

Proposed Rule regarding amendments to OATH ECB's Buildings Penalty Schedule concerning Cooling Towers Registration.

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

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

Adopted Rules: Closed to Comments

Adopted Rules Content: 

Statement of Basis and Purpose of Rule

 

Local Law 67 of 2014 (“Local Law 67”) amended §10-169 of the Administrative Code of the City of New York (“Administrative Code”), which authorizes the Department of Sanitation (the “Department”) to regulate publicly accessible collection bins.  These amendments of the law were needed to combat the increase in the illegal placement of publicly accessible collection bins throughout the City.  Section 10-169 of the Administrative Code prohibits the placement of publicly accessible collection bins on City property, or property maintained by the City, or on any public sidewalk or roadway (“public property”).  Bins are allowed on private property if written permission of the property owner or the property owner’s designated agent is received. 

 

 

This rule:

·         requires all owners of publicly accessible collection bins placed on private property to register with the Department,

·         provides the procedures for such registration,

·         requires owners of bins to submit an annual report to the Sanitation Commissioner that identifies the weight of the material collected during the reporting period,

·         requires both the owner of a publicly accessible collection bin that is on private property and the owner of the private property in which the bin is located to maintain the bin in a clean and neat condition,

·         sets forth a violation for the failure to register, submit an annual report to the Department, or maintain a bin,

·         allows the Department to immediately remove a publicly accessible collection bin that is placed on public property and creates a process for the owner of the bin to have the bin returned,

·         sets forth the  penalties for the placement of publicly accessible collection bins on public property, and,

·         sets forth the removal cost and storage rates associated with the removal and storage of a publicly accessible collection bin that is illegally placed on public property.    

 

DSNY’s authority for these rules is found in sections 753 and 1043(a) of the New York City Charter and §10-169 of the New York City Administrative Code.

Effective Date: 
Sat, 03/07/2015

Proposed Rules: Closed to Comments (View Public Comments Received:1)

Agency:
Comment By: 
Tuesday, January 20, 2015
Proposed Rules Content: 

 

Statement of Basis and Purpose of Proposed Rule

 

 

 

Local Law 67 of 2014 (“Local Law 67”) amended §10-169 of the Administrative Code of the City of New York (“Administrative Code”), which authorizes the Department of Sanitation (the “Department”) to regulate publicly accessible collection bins.  These amendments of the law were needed to combat the increase in the illegal placement of publicly accessible collection bins throughout the City.  Section 10-169 of the Administrative Code prohibits the placement of publicly accessible collection bins on City property, or property maintained by the City, or on any public sidewalk or roadway (“public property”).  Bins are allowed on private property if written permission of the property owner or the property owner’s designated agent is received. 

 

 

 

 

 

The proposed rules:

 

·         require all owners of publicly accessible collection bins placed on private property to register with the Department,

 

·         provide the procedures for such registration,

 

·         require owners of bins to submit an annual report to the Sanitation Commissioner that identifies the weight of the material collected during the reporting period,

 

·         require both the owner of a publicly accessible collection bin that is on private property and the owner of the private property in which the bin is located to maintain the bin in a clean and neat condition,

 

·         set forth a violation for the failure to register, submit an annual report to the Department, or maintain a bin,

 

·         allow the Department to immediately remove a publicly accessible collection bin that is placed on public property and create a process for the owner of the bin to have the bin returned,

 

·         set forth the  penalties for the placement of publicly accessible collection bins on public property, and,

 

·         set forth the removal cost and storage rates associated with the removal and storage of a publicly accessible collection bin that is illegally placed on public property.          

 

 

 

DSNY’s authority for these rules is found in sections 753 and 1043(a) of the New York City Charter and §10-169 of the New York City Administrative Code.

 

Subject: 

.Publicly Accessible Collection Bins

Location: 
Third Floor Hearing Room (Room 330)
125 Worth Street
New York, NY 10013
Contact: 

Madelynn Liguori (646) 885-4786

Download Copy of Proposed Rule (.pdf): 

Adopted Rules: Closed to Comments

Adopted Rules Content: 

Statement of Basis and Purpose of Final Rule

 

The Fire Department has amended two Fire Department rules, 3 RCNY §109-01, entitled “Notice of Violation, Certification of Correction and Stipulation Procedures”, and 3 RCNY 109-02, entitled “Consolidation of Administrative Code Provisions For Enforcement Purposes.”

 

The amendments to 3 RCNY §109-01 have been made to reflect the current unit within the Fire Department to which certificates of correction of violations should be directed.

 

The amendments to 3 RCNY §109-02 have been made as a result of the enactment of Local Law No. 148 of 2013, which amended the New York City Fire Code, effective March 30, 2014.

 

The amendments to Section 109-02 incorporated the new or amended Fire Code section numbers into the rule and deleted the section numbers that have been repealed or renumbered.  In addition, the violation categories set forth in Section 109-02 have been amended as follows:

 

·         Violation Category 5 has been amended to limit its application to recordkeeping violations, with posting of permits moved to Violation Category 6 (“Signs, Postings, Notices and Instructions”);

 

·         Violation Category 8 has been amended to include storage of combustible material;

 

·         Violation Category 9 has been amended to include rooftop access; and

 

·         Violation Category 30 has been amended to include emergency preparedness for all buildings and occupancies subject to emergency preparedness requirements, not just office buildings, hotels and motels, and to include the preparation of an emergency preparedness plan (formerly referenced in Violation Category 19).

 

The final rule includes one change from the proposed rule, which was published on February 12, 2014.  Section 109-02(b) has been amended to conform the terminology of Violation Category 24 to that of the Notice of Violation form that has been in use since May 2012.  With the approval of the Environmental Control Board, the heading of Violation Category 24 was revised at that time from “Racks and Shelf Storage” to “Storage of Hazardous/Combustible Materials,” which more clearly indicated the regulated materials to which the section applied.  This final rule amends the heading of Violation Category 24 to “Storage of Hazardous Materials and Commodities” (combustible materials having already been incorporated by the rule into Violation Category 8) and makes one other conforming text change.

 

The Fire Department’s authority for this rule is found in Sections 489 and 1043 of the New York City Charter and Section 102 of the New York City Fire Code.

 

Terms used in the final rule that are defined in the Fire Code or elsewhere in the Fire Department’s rules are indicated by italics.

 

New material is underlined.  Material that has been deleted is in [brackets].

 

“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.

Effective Date: 
Thu, 04/10/2014

Proposed Rules: Closed to Comments (View Public Comments Received:1)

Agency:
Comment By: 
Friday, March 14, 2014
Proposed Rules Content: 

Statement of Basis and Purpose of Proposed Rule Amendments

 

The Fire Department is proposing to amend two Fire Department rules, 3 RCNY §109-01 entitled “Notice of Violation, Certification of Correction and Stipulation Procedures”, and 3 RCNY 109-02, entitled “Consolidation of Administrative Code Provisions For Enforcement Purposes.”

 

The amendments to 3 RCNY §109-01 are proposed to reflect the current unit within the Fire Department to which certificates of correction of violations should be directed.

 

The amendments to 3 RCNY §109-02 are proposed as a result of the enactment of Local Law No. 148 of 2013, which amended the New York Fire Code, effective March 30, 2014.  The proposed amendments to Section 109-02 would apply to ECB Notices of Violation issued by the Fire Department with a date of occurrence on or after March 30, 2014.

 

The proposed amendments to Section 109-02 would incorporate the new or amended Fire Code section numbers into the rule and delete the section numbers that have been repealed or renumbered.  In addition, the violation categories set forth in Section 109-02 are proposed to be amended as follows:

 

·         Violation Category 5 is amended to limit its application to recordkeeping violations, with posting of permits moved to Violation Category 6 (“Signs, Postings, Notices and Instructions”);

 

·         Violation Category 8 is amended to include storage of combustible material;

 

·         Violation Category 9 is amended to include rooftop access; and

 

·         Violation Category 30 is amended to include emergency preparedness for all buildings and occupancies subject to emergency preparedness requirements, not just office buildings, hotels and motels, and to include the preparation of an emergency preparedness plan (formerly referenced in Violation Category 19).

 

 

Subject: 

.Fire Code Conforming Amendments

Location: 
Fire Department Auditorium
9 MetroTech Center
Brooklyn, NY 11201
Contact: 

No contact

Download Copy of Proposed Rule (.pdf):