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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): 

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