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Adopted Rules: Closed to Comments

Adopted Rules Content: 

 

Statement of Basis and Purpose of Final Rule

 

Existing Regulation of Commercial Cooking Exhaust Systems

 

The New York City Fire Code requires the periodic inspection and cleaning of exhaust systems for restaurant and other commercial cooking equipment that generate grease-laden vapors.  Grease accumulations in exhaust systems are the source of numerous fires, which the exhaust ducts can spread throughout the building. The residue generated by wood-burning cooking equipment compounds the risk of a fire.

Restaurant owners and others have been targeted over the years by unscrupulous businesses that charge for cleaning the commercial cooking exhaust system but fail to perform a proper cleaning.  To help prevent this, companies that clean commercial cooking exhaust systems must be licensed by the Fire Department, which requires businesses performing the cleaning to obtain a company certificate and their cleaning technicians a certificate of fitness.

The cleaning companies are required to attach a decal to the commercial cooking equipment to document that the exhaust system has been cleaned, as well as by what company and technician, and when the cleaning was performed.  Currently, cleaning companies print their own decals as proof of compliance with Fire Code requirements. Recent investigations by the New York City Department of Investigation revealed that unlicensed businesses unlawfully conducting such cleanings fraudulently placed decals identifying other, licensed companies as having done the work.

Existing Regulation of Portable Fire Extinguishers

The New York City Fire Code requires the periodic inspection and servicing of portable fire extinguishers where such extinguishers are required.  An annual inspection must be conducted by a licensed portable fire extinguisher servicing company to ensure that the portable fire extinguishers are functional and to repair or recharge them if necessary.  A tag must be attached to the portable fire extinguisher to document the inspection and/or servicing.

It is difficult for business owners to assess whether the companies they have hired to service portable fire extinguishers are properly servicing them. The Fire Department itself may not be able to evaluate the adequacy of the services provided when it inspects the premises weeks or months later. There is a history of unscrupulous companies charging businesses inflated fees for these services, and then failing to perform necessary servicing. Most recently, the New York City Department of Investigation discovered several such companies attaching an inspection tag bearing the name of another company, jeopardizing the other company’s business reputation.

As a result, companies that sell or service portable fire extinguishers are required to be licensed by the Fire Department. The companies must obtain a company certificate and their technicians must obtain a Fire Department certificate of fitness.

New Regulation of Proof of Compliance

The Fire Department adopts this rule to regulate the decals and tags that serve as proof of compliance with Fire Code requirements.

Section 115-02 requires commercial cooking exhaust system cleaning companies to use Fire Department-issued, numbered decals as proof of compliance with Fire Code inspection and cleaning requirements. It also requires portable fire extinguisher sales and servicing companies to use Fire Department-issued, numbered tags as proof of compliance with Fire Code inspection, testing and servicing requirements. Only licensed companies are eligible to purchase the Fire Department-issued decals and tags, and only the Fire Department-issued decals and tags will be acceptable proof of the inspection, cleaning and/or servicing. The decals and tags will be designed with various security measures to prevent counterfeiting.

This will help ensure that only licensed businesses perform the required fire safety inspections, cleaning and servicing; promote proper performance by preventing misidentification of the company that performed the work; and make it more difficult for unqualified and unlicensed businesses to engage in fraudulent practices.

Unauthorized use of Fire Department-issued proof of compliance by an unlicensed company or individual, or misuse by a licensed company or one of its technicians, constitutes a violation of the applicable Fire Code requirements for commercial cooking exhaust systems or portable fire extinguishers and will subject the violator to a civil or criminal penalty. It can also result in denial, suspension, revocation or non-renewal of a Fire Department certificate.

In accordance with existing Fire Code requirements (as set forth in Section FC107.7), records of all inspections, cleaning and/or servicing of equipment, and the names and Certificate of Fitness numbers of all company personnel who performed the work, must be maintained for a period not less than three (3) years.

Proof of Compliance Issuance Process

The Fire Department will coordinate the purchase of the proof of compliance from an approved City vendor. The Fire Department will retain the services of a vendor and order blank proof of compliance, which will be completed with the name of the company certificate holder at time of purchase.  The price of the proof of compliance for company certificate holders will reflect the cost of its preparation and printing, as well as administrative processing costs. Minimum order sizes may apply. Price, order and payment arrangements will be published on the Fire Department’s website and are subject to change. When possible, the Fire Department will offer company certificate holders the benefit of bulk discounts that are available for large print orders. The Fire Department anticipates publishing a bulk reorder schedule.

Related Amendments

The Fire Department also amends 3 RCNY §115-01, the rule addressing company certificates, to reference company certificates for commercial cooking system cleaning (currently set forth in Fire Code Section FC901.6.3.3), and incorporate the existing qualifications for the certificate (currently set forth on the Fire Department application form), including five years’ experience. Section 115-01(d) also incorporates existing minimum company staffing requirements and indicates the types of tools, materials and equipment required to conduct commercial cooking exhaust system cleaning.

Public Comment and Fire Department Response

Public comment received at the public hearing, including the statement of an industry association, the New York Association of Fire Equipment Distributors, was generally favorable to the proposed rule.  Various speakers acknowledged that there are unlicensed persons or companies that engage in deceptive practices, including use of misleading or stolen decals and tags.

Various speakers expressed concern about the cost of the decals and tags, but also urged that they be able to incorporate company logos, license numbers from other jurisdictions, and other identifying information.  The Fire Department will endeavor to design decals and tags that can accommodate as many of the requested features as possible, consistent with the goal of keeping the cost low.

Public comment urged the use of multi-year decals and tags.  The proof of compliance will address this concern.

Public comment was received expressing skepticism about the ability to prevent counterfeiting.  The Fire Department is incorporating various security measures into the decals and tags.

Several comments were received expressing concern about additional recordkeeping requirements.  Use of Fire Department-issued proof of compliance will require somewhat more careful recordkeeping, but this will be facilitated with the use of bar codes.

One printing company expressed opposition to the rule on the impact it would have on competing printing companies, claiming that it restrains competition.  Requiring government-issued decals or tags as proof of compliance with public safety regulations (like the registration and inspection decals affixed to motor vehicles) is not a restraint of trade.  The City vendor that will be used to print the required decals and tags was retained by the New York City Department of Citywide Administrative Services in accordance with City procurement processes.

A public comment was received suggesting that the term “precipitator” be clarified to include any pollution control device.  This suggested change has been accepted and incorporated.

 

Effective Date: 
Fri, 06/01/2018

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: 

Local Law 65 of 2014 (LL 65) authorizes the Department of Housing Preservation and Development (HPD) to impose a fee to conduct a third complaint-based inspection for a dwelling unit that HPD has inspected twice in the same twelve-month period. For this fee to apply, HPD must have issued a hazardous (class B) or immediately hazardous (class C) violation in the dwelling unit as a result of each such inspection in that period, and the owner must have failed to certify that all of those violations have been corrected.  Under the law, if the fee has not been paid, it becomes a tax lien against the property.   

The new law provides HPD with authority to, by rule:  

(1)  

Increase the fee for such inspections when they are performed during “heat season” (the period of October 1st through May 31st),

 

(2)  

Exclude certain hazardous or immediately hazardous violations from the inspection fee, and

 

(3) Determine what documents HPD would require for an owner to object to the inspection fee. An owner must prove that he/she attempted to access the dwelling unit to make repairs but was unable to do so.  The owner’s objection would be made under the process provided by Administrative Code §27-2129 and related statutes, and HPD’s rules in 28 RCNY Chapter 17.  

The rules provide for a new Chapter 47 to specify which hazardous and immediately hazardous violations would not generate the complaint-based inspection fee.  They also amend 28 RCNY Chapter 17 to describe the documents required for an owner to protest the inspection fee on the basis of lack of access to a dwelling unit to make repairs. The rule also clarifies Chapter 17 to specify that the rules pertaining to objections to charges enforced as tax liens apply to charges incurred under Administrative Code § 27-2091 and 27-2115(k). 

Housing Maintenance Code §27-2008 establishes an owner’s right of access to a tenant’s dwelling unit.  The law authorizes HPD to make rules regarding an owner’s entry to a dwelling unit at a reasonable time and in a reasonable manner.  Under LL 65, an owner would be able to protest a recurring violation inspection fee on the basis of lack of access to a dwelling unit to make repairs.  The rule amends Chapter 25, Subchapter H, §25-101 to clarify and update requirements regarding notification to tenants and the right of access to a dwelling unit at a reasonable time and in a reasonable manner to repair violations and conduct inspections for making improvements and other repairs.  

In addition, Local Law 47 of 2015, which was signed into law by the Mayor on June 2, 2015, provides for owners to notify occupants when certain repairs are to be made to essential services like heat and hot water.  The final rule incorporates those requirements by making conforming amendments to §25-101.

Effective Date: 
Thu, 08/20/2015

Proposed Rules: Closed to Comments

Agency:
Comment By: 
Thursday, June 18, 2015
Proposed Rules Content: 

Local Law 65 of 2014 (LL 65) authorizes the Department of Housing Preservation and Development (HPD) to impose a fee to conduct a third complaint-based inspection for a dwelling unit that HPD has inspected twice in the same twelve-month period. For this fee to apply, HPD must have issued a hazardous (class B) or immediately hazardous (class C) violation in the dwelling unit as a result of each such inspection in that period, and the owner must have failed to certify that all of those violations have been corrected.  Under the law, if the fee has not been paid, it becomes a tax lien against the property.   

The new law provides HPD with authority to, by rule:  

(1)  

Increase the fee for such inspections when they are performed during “heat season” (the period of October 1st through May 31st),

 

(2)  

Exclude certain hazardous or immediately hazardous violations from the inspection fee, and

 

(3) Determine what documents HPD would require for an owner to object to the inspection fee. An owner must prove that he/she attempted to access the dwelling unit to make repairs but was unable to do so.  The owner’s objection would be made under the process provided by Administrative Code §27-2129 and related statutes, and HPD’s rules in 28 RCNY Chapter 17.

 

The proposed rules provide for a new Chapter 47 to specify which hazardous and immediately hazardous violations would not generate the complaint-based inspection fee.  They also amend 28 RCNY Chapter 17 to describe the documents required for an owner to protest the inspection fee on the basis of lack of access to a dwelling unit to make repairs.

 

Housing Maintenance Code §27-2008 establishes an owner’s right of access to a tenant’s dwelling unit.  The law authorizes HPD to make rules regarding an owner’s entry to a dwelling unit at a reasonable time and in a reasonable manner.  Under LL 65, an owner would be able to protest a recurring violation inspection fee on the basis of lack of access to a dwelling unit to make repairs.  The proposed rule amends Chapter 25, Subchapter H, §25-01 to clarify and update requirements regarding notification to tenants and the right of access to a dwelling unit at a reasonable time and in a reasonable manner to repair violations and conduct inspections for making improvements and other repairs.

 The proposed rule also makes a clarification to Chapter 17 of Title 28 of the RCNY to specify that the rules pertaining to objections to charges enforced as tax liens apply to charges incurred under § 27-2091.

 

Subject: 

.Rules Relating to Recurring Complaint-Based Inspections

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

Assistant Commissioner Mario Ferrigno

Download Copy of Proposed Rule (.pdf): 

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

Adopted Rules: Closed to Comments

Adopted Rules Content: 

 

Statement of Basis and Purpose of Rule

 

These rules are authorized by Section 2303 of the Charter and Section 19-503 of the New York City Administrative Code. The rule amends the Taxi and Limousine Commission’s For-Hire- Vehicle inspection rules to clarify when a For-Hire-Vehicle is exempt from certain inspection requirements. Under TLC rules, a vehicle with fewer than 500 miles traveled must undergo only a visual inspection and not the more stringent inspections set forth in the NYS Vehicle and Traffic Law or other applicable laws and rules. The rule clarifies that this exemption from the more stringent inspections applies to vehicles of any model year that have fewer than 500 miles traveled at the time of inspection.

 

Effective Date: 
Thu, 11/15/2012

Adopted Rules: Closed to Comments

Adopted Rules Content: 



 Click here (.pdf) for the complete text of the adopted rule.



Effective Date: 
Mon, 07/11/2011

Proposed Rules: Closed to Comments

Agency:
Comment By: 
Monday, July 30, 2012
Proposed Rules Content: 

 

 

Statement of Basis and Purpose of Proposed Rule

 

The proposed rule amends the Taxi and Limousine Commission’s For-Hire-Vehicle inspection rules to clarify when a For-Hire-Vehicle is exempt from certain inspection requirements.  Under the current rules, a vehicle with fewer than 500 miles traveled must undergo only a visual inspection and not the more stringent inspections set forth in the NYS Vehicle and Traffic Law or other applicable laws and rules. The proposed rule clarifies that this exemption from the more stringent inspections applies to vehicles of any model year that have fewer than 500 miles traveled at the time of inspection. The Commission’s authority for this rules change is found in section 2303 of the New York City Charter and section 19-503 of the New York City Administrative Code.

 

 

 

Subject: 

The Taxi and Limousine Commission (“TLC”) is considering amending its For-Hire-Vehicles inspection rules to clarify the existing For-Hire-Vehicle inspection process.

Location: 
Hearing Room
33 Beaver Street, 19th Floor
New York, NY 10004
Contact: 

Taxi and Limousine Commission, Office of Legal Affairs,
33 Beaver Street – 22nd Floor,
New York, New York 10004

Download Copy of Proposed Rule (.pdf):