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Proposed Rules: Closed to Comments

Agency:
Comment By: 
Tuesday, August 27, 2019
Proposed Rules Content: 

STATEMENT OF BASIS AND PURPOSE

 In 2013, the Department of Finance (DOF) adopted rules establishing a consistent policy for accepting credit card payments and a uniform administrative fee of 2.49% to defray the cost incurred by the City from credit card transactions.  In 2018, DOF reduced the uniform administrative fee to 2%, which will continue to cover the cost incurred by the City in connection with such credit card transactions.

 On May 10, 2019, Local Law 89 of 2019 amended Section 9-148 of the Administrative Code of the City of New York to eliminate the uniform administrative fee for payments of bail unless the chief administrator of the courts requires a party making a payment of bail to pay a reasonable administrative fee.  The effective date for the elimination of this administrative fee is November 10, 2019.  

 The proposed rule adds bail payments to the list of payments for which an administrative fee cannot be charged.

Subject: 

Amendment of Credit Card Convenience Fee Rules

Location: 
Department of Finance hearing room
375 Pearl Street 30th Floor
New York, NY 10038
Contact: 

Joan Best (718) 488-2007

Download Copy of Proposed Rule (.pdf): 

Adopted Rules: Closed to Comments

Adopted Rules Content: 

Statement of Basis and Purpose of Rule

 

Fire Department rule 3 RCNY §4601-01 sets forth amendments to the fee provisions of the Fire Code, and reflects these new fees by bracketing and underlining, as applicable, the existing text of Sections A03 and A04 of Appendix A to the Fire Code.

 

The Fire Department is amending the provisions relating to fees for plan examinations set forth in FC A03(51) and amending FC A04 to include a document management fee for certain plan examination filings.  These changes are being made at this time to implement Local Law No. 195 of 2018 (Local Law 195), which eliminated New York City Department of Buildings (DOB) review of plans and other design and installation documents for fire alarm, emergency alarm, auxiliary radio communication, and fire extinguishing systems, and fire protection plans.  The Fire Department is also amending FC A03 to include fees for late plan filings and for supplemental reviews of new technology applications and other applications requiring complex technical analyses.

 

Fire Alarm, Emergency Alarm, Auxiliary Radio Communication and Fire Extinguishing System/ Fire Protection Plan Fees

 

DOB currently reviews fire alarm, emergency alarm, auxiliary radio communication and fire extinguishing system plans for compliance with zoning, licensing and asbestos inspection requirements; issues work permits authorizing installation of these systems; and posts information about the applications, approvals and permits on its website.  Fire protection plans – narrative statements describing buildings’ fire protection systems –  are also filed with DOB.

 

To consolidate and streamline the plan review and approval process, Local Law 195 transferred these tasks to the Fire Department, effective on or about May 30, 2019. Local Law 195 eliminated the requirements for DOB filings and work permits, thereby eliminating the applicable DOB application and permit fees.

 

The Fire Department is adopting fees that will enable the agency to hire staff to perform the administrative tasks previously performed by DOB. Specifically, the Fire Department is adopting a document management fee of $165 per application (the same fee previously charged by DOB) to support the cost of processing applications, establishing a public portal on the Fire Department’s website and maintaining electronic records of all applications.  This fee would be added to the list of fees for administrative services set forth in FC A04.

 

The document management fee would apply to any application for a fire alarm system, emergency alarm system, auxiliary radio communication system, or fire extinguishing system, and to any other application not requiring a work permit from DOB (and thus requiring Fire Department administrative review of the application for items normally reviewed by DOB).

 

The Fire Department has determined that the costs involved in these administrative tasks exceed the $165 that the Fire Department will charge.

 

Additionally, the Fire Department will charge a fee of $420 for reviews of fire protection plans, which are reviewed by the Emergency Planning and Preparedness Unit of the Bureau of Fire Prevention to confirm that they are in compliance with applicable code requirements.  .  This is the same amount the agency currently charges for review of fire protection plans, and reflects an average of two hours of review time.

 

Article 109 of Chapter 1 of the New York City Construction Code requires that fire protection plans be filed for covered buildings (including all new high-rise buildings, most hotel and institutional buildings, buildings with assembly spaces of 300 or more persons, and various other occupancies), as well as when the building undergoes a substantial alteration or change in use and occupancy.

 

Late Plan Filings

 

Local Law 195 amended the New York City Fire Code to clarify that when Fire Department approval of plans is required, such approval must be obtained prior to commencing work on the installation.  FC105.4.3 was amended to read as follows:

 

Approved documents required.  When department review of design and installation documents is required by this code or other laws, rules or regulations, it shall be unlawful to construct or alter any facility, or install, alter or remove any device, equipment or system, without first having obtained department approval of the design and installation documents.

 

In order to promote compliance with this provision, the Fire Department is adopting late plan filing fees similar to the late fees for renewals of Fire Department certificates and permits authorized in FC 117.

 

The purpose of these late plan filing fees would be to discourage applicants from performing work without approved plans.  (Such unauthorized work would also be subject to issuance of violations and other enforcement action.)

 

The Fire Department will impose a fifty percent (50%) surcharge for plans filed after the date of commencement of work without approved plans, up to one year from such date, and a one hundred percent (100%) surcharge for plans field more than one year after such date.

 

New Technology Applications and Other Applications Requiring Complex Technical Analyses

 

The Fire Department regularly receives applications for approval of new technologies.  More resources in time and labor are required for review of these applications in order to understand and evaluate the fire safety of the technology and the particular application or installation.

 

For example, the Fire Department regularly reviews applications for outdoor stationary storage battery systems that utilize lithium-ion and other new battery technologies.  A plan review associated with such an applications, which is conducted by the engineering staff of the Bureau of Fire Prevention’s Technology Management Unit, is highly complex.  In addition to reviewing the design of standard fire protection systems and other fire safety features and components, the plan review requires an analysis of the technology and system design.

 

The Fire Department currently charges a fee of $420 for review of plans, specifications and other design and installation documents.  The fee is set forth in FC A03(51) and represents an average of two hours’ review of each application.  Rather than increase the base fee for design and installation document review (which applies to many other types of applications), the Fire Department is adopting a supplemental fee to reflect the additional time required to review new technology applications and applications requiring complex technical analyses.

 

Battery storage systems and other new technology applications – including but not limited to fluid fire dynamic simulation studies and fire test results by nationally recognized testing laboratories – require detailed technical analysis beyond the average of two hours reflected in the standard plan review fee.  Such submissions require comprehensive and highly complex technical analyses by Fire Department engineers in order to determine the merits of the application.

 

The Fire Department is adopting a supplemental fee of $525 for review of new technology applications and other applications involving complex technical analyses.  This includes all applications filed pursuant to Fire Code Section FC102.8, which authorizes the Fire Department to establish fire safety requirements for any material operation or facility not addressed by the Fire Code, and FC104.9, which authorizes the Fire Department to approve alternative devices, equipment and systems not specifically prescribed or prohibited by the Fire Code.  This supplemental fee reflects an average of 2.5 additional hours spent reviewing such applications.

Effective Date: 
Sat, 06/01/2019

Proposed Rules: Closed to Comments

Agency:
Comment By: 
Thursday, April 25, 2019
Proposed Rules Content: 

 

 

Statement of Basis and Purpose of Proposed Rule

 

Fire Department rule 3 RCNY §4601-01 sets forth amendments to the fee provisions of the Fire Code, and reflects these new fees by bracketing and underlining, as applicable, the existing text of Sections A03 and A04 of Appendix A to the Fire Code.

 

The Fire Department proposes to amend the provisions relating to fees for plan examinations set forth in FC A03(51) and to amend FC A04 to include a document management fee for certain plan examination filings.  These changes are being proposed at this time to implement Local Law No. 195 of 2018 (Local Law 195), which eliminated New York City Department of Buildings (DOB) review of plans and other design and installation documents for fire alarm, emergency alarm, auxiliary radio communication, and fire extinguishing systems, and fire protection plans.  The Fire Department also proposes to amend FC A03 to include fees for late plan filings and for supplemental reviews of new technology applications and other applications requiring complex technical analyses.

 

Fire Alarm, Emergency Alarm, Auxiliary Radio Communication and Fire Extinguishing System/ Fire Protection Plan Fees

 

DOB currently reviews fire alarm, emergency alarm, auxiliary radio communication and fire extinguishing system plans for compliance with zoning, licensing and asbestos inspection requirements; issues work permits authorizing installation of these systems; and posts information about the applications, approvals and permits on its website.  Fire protection plans – narrative statements describing buildings’ fire protection systems –  are also filed with DOB.

 

To consolidate and streamline the plan review and approval process, Local Law 195 transferred these tasks to the Fire Department, effective on or about May 30, 2019. Local Law 195 eliminated the requirements for DOB filings and work permits, thereby eliminating the applicable DOB application and permit fees.

 

The Fire Department proposes to adopt fees that will enable the agency to hire staff to perform the administrative tasks previously performed by DOB. Specifically, the Fire Department proposes to adopt a document management fee of $165 per application (the same fee previously charged by DOB) to support the cost of processing applications, establishing a public portal on the Fire Department’s website and maintaining electronic records of all applications.  This fee would be added to the list of fees for administrative services set forth in FC A04.

 

The document management fee would apply to any application for a fire alarm system, emergency alarm system, auxiliary radio communication system, or fire extinguishing system, and to any other application not requiring a work permit from DOB (and thus requiring Fire Department administrative review of the application for items normally reviewed by DOB).

 

The Fire Department has determined that the costs involved in these administrative tasks exceed the $165 that the Fire Department proposes to charge.

 

Additionally, the Fire Department proposes to charge a fee of $420 for reviews of fire protection plans, which are reviewed by the Emergency Planning and Preparedness Unit of the Bureau of Fire Prevention to confirm that they are in compliance with applicable code requirements.  .  This is the same amount the agency currently charges for review of fire protection plans, and reflects an average of two hours of review time.

 

Article 109 of Chapter 1 of the New York City Construction Code requires that fire protection plans be filed for covered buildings (including all new high-rise buildings, most hotel and institutional buildings, buildings with assembly spaces of 300 or more persons, and various other occupancies), as well as when the building undergoes a substantial alteration or change in use and occupancy.

 

Late Plan Filings

 

Local Law 195 amended the New York City Fire Code to clarify that when Fire Department approval of plans is required, such approval must be obtained prior to commencing work on the installation.  FC105.4.3 was amended to read as follows:

 

Approved documents required.  When department review of design and installation documents is required by this code or other laws, rules or regulations, it shall be unlawful to construct or alter any facility, or install, alter or remove any device, equipment or system, without first having obtained department approval of the design and installation documents.

 

In order to promote compliance with this provision, the Fire Department proposes to adopt late plan filing fees similar to the late fees for renewals of Fire Department certificates and permits authorized in FC 117.

 

The purpose of these late plan filing fees would be to discourage applicants from performing work without approved plans.  (Such unauthorized work would also be subject to issuance of violations and other enforcement action.)

 

The Fire Department proposes to impose a fifty percent (50%) surcharge for plans filed after the date of commencement of work without approved plans, up to one year from such date, and a one hundred percent (100%) surcharge for plans filed more than one year after such date.

 

New Technology Applications and Other Applications Requiring Complex Technical Analyses

 

The Fire Department regularly receives applications for approval of new technologies.  More resources in time and labor are required for review of these applications in order to understand and evaluate the fire safety of the technology and the particular application or installation.

 

For example, the Fire Department regularly reviews applications for outdoor stationary storage battery systems that utilize lithium-ion and other new battery technologies.  A plan review associated with such an applications, which is conducted by the engineering staff of the Bureau of Fire Prevention’s Technology Management Unit, is highly complex.  In addition to reviewing the design of standard fire protection systems and other fire safety features and components, the plan review requires an analysis of the technology and system design.

 

The Fire Department currently charges a fee of $420 for review of plans, specifications and other design and installation documents.  The fee is set forth in FC A03(51) and represents an average of two hours’ review of each application.  Rather than increase nationally recognized testing laboratories – require detailed technical analysis beyond the average of two hours reflected in the standard plan review fee.  Such submissions require comprehensive and highly complex technical analyses by Fire Department engineers in order to determine the merits of the application.

 

The Fire Department proposes to adopt a supplemental fee of $525 for review of new technology applications and other applications involving complex technical analyses.  This includes all applications filed pursuant to Fire Code Section FC102.8, which authorizes the Fire Department to establish fire safety requirements for any material operation or facility not addressed by the Fire Code, and FC104.9, which authorizes the Fire Department to approve alternative devices, equipment and systems not specifically prescribed or prohibited by the Fire Code.  This supplemental fee reflects an average of 2.5 additional hours spent reviewing such applications.

 

Material newly added to 3 RCNY §4601-01 is underlined.  Material to be deleted is in [brackets].

 

Certain text has been highlighted as a note to the publisher.  Blue highlighting of text indicates that the underlining should be retained in the publication of the final rule, to reflect the changes to the Fire Code fee schedule.

the base fee for design and installation document review (which applies to many other types of applications), the Fire Department proposes to adopt a supplemental fee to reflect the additional time required to review new technology applications and applications requiring complex technical analyses.

 

Battery storage systems and other new technology applications – including but not limited to fluid fire dynamic simulation studies and fire test results by

 

“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: 

.

Contact: 

No contact

Proposed Rules: Closed to Comments

Agency:
Comment By: 
Thursday, August 23, 2018
Proposed Rules Content: 

STATEMENT OF BASIS AND PURPOSE

Section 5(c) of the General Municipal Law and section 11-105(3) of the Administrative Code of the City of New York authorizes the City to charge and collect a reasonable and uniform fee as a condition of accepting credit and debit cards as means of payment of a fine, civil penalty, tax, fee, rent, rate, charge or other amount owed to the City. These laws require that the fee not exceed the cost incurred by the City in connection with such credit and debit card transactions, including any fee payable by the City to the card issuer.

In 2013 the Department of Finance (DOF) adopted rules establishing a consistent policy for accepting credit card payments and a uniform fee of 2.49% to defray the cost incurred by the City from credit card transactions. DOF is proposing to reduce this uniform fee to 2% which will continue to cover the cost incurred by the City in connection with such credit card transactions.

This reduction in the uniform credit card fee will not apply to credit card payments made to a covered city agency unless such covered city agency determines that charging and collecting a uniform fee of 2% does not negatively affect their operations or services to the public. A “covered” city agency is a mayoral agency described by section 385 of the New York City Charter, and other agencies listed in the current rule. Other non-covered City agencies could, via rulemaking, opt into the rule.

Subject: 

Revised Fee for Using Credit and Debit Cards

Location: 
NYC Department of Finance, Legal Affairs Division
345 Adams Street, 3rd Floor
Brooklyn, NY 11201
Contact: 

Sign up before the hearing by calling Joan Best at (718) 488-2007, or submit comments through the NYC rules website: http://rules.cityofnewyork.us. or email comments to laroset@finance.nyc.gov. or mail comments to NYC Department of Finance, Legal Affairs Division, 345 Adams Street, 3rd Floor, Brooklyn, N.Y. 11201, Attn: Timothy LaRose. Also you can fax comments to NYC Department of Finance, Attn: Timothy LaRose, at (718) 488-2491.

Download Copy of Proposed Rule (.pdf): 

Proposed Rules: Closed to Comments

Agency:
Comment By: 
Friday, June 22, 2018
Proposed Rules Content: 

The proposed rule amendments would update the MIH Affordable Housing Fund contribution schedule for the coming fiscal year (July 1, 2018 through June 30, 2019). In addition to changes in the contribution amounts, HPD proposes to move Queens Community District 6, which includes Forest Hills and Rego Park, from Fee Tier 3 to Fee Tier 4, in order to reflect changes in the relative market characteristics of that Community District.

Subject: 

Update to MIH Affordable Housing Fund contribution schedule for FY2019.

Location: 
HPD
100 Gold Street Room 5-B6
New York, NY 10038

Adopted Rules: Closed to Comments

Adopted Rules Content: 

The rule amends the fee for applications for certifications of no harassment

Effective Date: 
Mon, 06/25/2018

Proposed Rules: Closed to Comments

Agency:
Comment By: 
Thursday, May 3, 2018
Proposed Rules Content: 

HPD is authorized to administer a program to review and investigate applications for Certifications of No Harassment, which are required to alter or demolish any single room occupancy building Citywide and all residential buildings in specially designated zones throughout the City, under Administrative Code sections 27-2093 and 28-207.1, and Zoning Resolution sections 96-110, 93-90, 98-70, and 23-013. The proposed rule would increase the fee for such applications to align it with the agency cost in administering the program.

Subject: 

.Proposed Rule for Amendment of Fee for Certifications of No Harassment

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

Assistant Commissioner Martha Weithman

Adopted Rules: Closed to Comments

Adopted Rules Content: 

 Statement of Basis and Purpose of Rule

The Fire Department is increasing the amounts it charges patients and insurers for Emergency Medical Service (EMS) ambulance transport service provided through the New York City 911 System, to reflect increased costs and help defray the City’s cost of providing these services.

The charges for ambulance service were last increased five years ago, in March 2012.  The new rates reflect a 10.4% increase in the salary of EMS and other Fire Department personnel. The rate increases will help the Fire Department recoup the cost of providing ambulance service and reduce the portion of such cost that is currently borne by City taxpayers.

The schedule of charges represents a single rate for BLS service, and separate rates for ALS1 and ALS2 levels of service.  The definition of BLS, ALS1 and ALS2 are determined by the Federal Department of Health and Human Services’ Centers for Medicare and Medicaid Services.

The charges set forth in the rule are the amounts that the Fire Department would bill for EMS ambulance treatment and transport service.  The charges do not necessarily reflect the amounts accepted by the Fire Department as payment for such services from government and private health insurance plans.

Effective Date: 
Sun, 03/12/2017

Proposed Rules: Closed to Comments

Agency:
Comment By: 
Wednesday, July 27, 2016
Proposed Rules Content: 

Statement of Basis and Purpose of Proposed Rule
On May 6, 2016, Subchapter 5 of Title 24, Chapter 1 of the Administrative Code was repealed. The repealed subchapter had set forth fees for the Air Pollution Control Code. A rule was promulgated to replace the fees which had been set forth in the repealed subchapter; however, certain fees were not carried over. The purpose of the proposed rule is to carry over those omitted fees.

Subject: 

DEP is promulgating rules that would amend the existing fee rule for the Air Pollution Control Code.

Location: 
DEP 9th Floor Conference Room
59-17 Junction Blvd. 9th Floor
Flushing, NY 11373
Contact: 

Alyssa Preston

Download Copy of Proposed Rule (.pdf): 

Adopted Rules: Closed to Comments

Adopted Rules Content: 

Statement of Basis and Purpose of Proposed Rule
Subchapter 5 of Chapter 1 of Title 24 of the Administrative Code, which set forth fees to be imposed under the Air Pollution Control Code (the “Air Code”), was repealed by Local Law 38 of 2015, which has an effective date of May 6, 2016. This rule establishes fees to replace the repealed subchapter. The new fee schedule retains the existing fees and establishes fees for previously unregulated equipment that are regulated under the revised Air Code. These sources include char broilers, which require a registration, and cogeneration systems, which require a certificate of operation.
The new fee schedule also reflects the changes that have been made in the revised Air Code to reflect more accurate units of measurement for various types of equipment, such as kilowatts for generators and horsepower for engines. The current code uses British Thermal Units (btu) as the unit of measurement for all types of fuel burning equipment. The revised Air Code clarifies that the output of some types of equipment is more accurately measured by horsepower (HP) or kilowatts (KW) and the new fee schedule reflects this. The use of this more accurate terminology does not affect the fees imposed.
The fee schedule also reflects the change that has been made in the Air Code, which increases the threshold for boiler and engine registrations from 2.8 million Btu per hour to 4.2 million Btu per hour. By increasing the threshold, more boiler applications can be filed through the registration process, which is available for on-line filing.
Finally, the asbestos fees, which are set forth in Subchapter 6 of the current Air Code, were also repealed by Local Law 38 and are replaced by fees set forth in the rule. The amounts of the existing fees are unchanged.

Effective Date: 
Fri, 05/06/2016

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