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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 Basis and Purpose

 

The following rule amendments are promulgated pursuant to the authority of the Commissioner of Buildings under Sections 643 and 1043(a) of the New York City Charter and Article 302 of Title 28 of the New York City Administrative Code. Article 302 requires inspection, maintenance, repair and reporting of the conditions of exterior walls (façades).

 

With these amendments to the rule regarding the periodic inspection of facades of buildings greater than 6 stories, the Department is addressing some administrative issues that are not covered in the current requirements. The amendments:

 

  • Delete the prohibition on designating the condition of an air conditioner as Safe with a Repair and Maintenance Program (SWARMP). These automatic "unsafe" designations were being applied to the entire building even where the only issue was a minor air conditioner defect. This deletion will allow air conditioner conditions to be designated as SWARMP.

 

  • Add a requirement that the Qualified Exterior Wall Inspector (QEWI) must inspect the structural soundness and connections of the balcony enclosures even if a report for cycle seven, which runs from February 21, 2010, to February 20, 2015, has been filed for the building. A recent balcony accident highlighted that many balcony railings are uninspected and may be unsafe. With this rule, the Department specifically requires all owners to check periodically the adequacy and structural integrity of all of their balcony railings. This new provision in no way affects the existing requirement to check periodically the adequacy of all aspects of the façade and its appurtenances.

 

  • Clarify that if the QEWI does not file a report within 60 days of a critical examination, a new examination is required. This will ensure the information on the report is recent and accurate.

 

  • Allow the Department to charge a new, separate filing fee that owners must pay to the Department's Facade Unit. If the Department has rejected a façade inspection report twice previously, the Department will review it completely upon the third resubmission. The fee covers the administrative cost of that third review of the report.

 

  • Fix some minor citation issues.

 

 

Effective Date: 
Fri, 05/17/2013

Proposed Rules: Closed to Comments

Agency:
Comment By: 
Thursday, January 10, 2013
Proposed Rules Content: 

 

 

STATEMENT OF BASIS AND PURPOSE

 

 

The following rule amendments are proposed pursuant to the authority of the Commissioner of Buildings under Sections 643 and 1043(a) of the New York City Charter and Article 302 of Title 28 of the New York City Administrative Code. Article 302 requires inspection, maintenance, repair and reporting of the conditions of exterior walls(fayades).

 

With these proposed amendments to the rule regarding the periodic inspection offacades of buildings 7 stories or higher, the Department is addressing some administrative issues that are not covered in the current requirements . The proposed amendments would do the following :

 

·       Delete the prohibition on designating the condition of an air conditioner as Safewith a Repair and Maintenance Program (SWARMP) . These automatic "unsafe"designations were being applied to the entire building even where the only issue was a minor air conditioner defect. This deletion will allow air conditioner conditions to be designated as SWARMP and repaired in the next cycle.

 

·        Add a requirement that the Qualified Exterior Wall Inspector (QEWI) must inspect the structural soundness and connections of the balcony enclosures even if a report for cycle seven, which runs from February 21, 2010 to February 20, 2015, has been filed for the building. A recent balcony accident highlighted that many balcony railings are uninspected and may be unsafe. With this rule, the Department specifically requires all owners to periodically check the adequacy and structural integrity of all of their balcony railings.

 

·       Clarify that if the QEWI does not file a report within 60 days of a criticalexamination, a new examination is required. This will ensure the information onthe report is recent and accurate.

 

·       Allow the Department to charge a new, separate filing fee that owners must pay to the Department's Facade Unit. If the Department has rejected a fayade inspection report twice previously, the Department will review it completely upon the third resubmission. The fee covers the administrative cost of that third review of the report.

 

·       Fix some minor citation issues.

 

 

 

Subject: 

Opportunity to comment on proposed amendments to rule 103-04 relating to facade inspections

Location: 
Department of Buildings
280 Broadway 6th Floor
New York, NY 10007
Contact: 

Timothy D. Lynch, P.E.
Executive Director
Forensic Engineering Unit
New York City Department of Buildings
280 Broadway, 4th floor
New York, NY 10007

Download Copy of Proposed Rule (.pdf):