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Adopted Rules: Closed to Comments

Adopted Rules Content: 

NEW YORK CITY POLICE DEPARTMENT

Notice of Adoption
Notice is hereby given that pursuant to the authority granted by the Police Commissioner by Section 435 of the New York City Charter (“Charter”) and Sections 20-267, 20-273 and 20-277 of the New York City Administrative Code, and in accordance with Section 1043 of the Charter, the Police Department has promulgated amendments to Chapter 21 of Title 38 of the Official Compilation of the Rules of the City of New York, entitled “Recordkeeping for Pawnbrokers and Second-Hand Dealers and Related Inspections.”

A public hearing to consider the adoption of this proposed rule was held by the Police Department on July 22, 2016. Comments received from the public in connection with the rulemaking are found at http://rules.cityofnewyork.us/comments-view/25926.

New material is underlined
[Deleted material 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.

Section 1. The title of Chapter 21 of Title 38 of the Rules of the City of New York is amended to read as follows:

CHAPTER 21
RECORDKEEPING FOR PAWNBROKERS AND [CERTAIN]
SECOND-HAND DEALERS AND RELATED INSPECTIONS
§ 2. Section 21-01 of Chapter 21 of Title 38 of the Rules of the City of New York is amended to read as follows:

§ 21-01 Introduction.

[The following rule was] Sections 21-02 through 21-09 of this Chapter have been promulgated by the Police Commissioner to implement the provisions of Local Law No. 149 of 2013 (“the Local Law”), which establishes new requirements for recordkeeping by pawnbrokers and certain second-hand dealers in New York City. Sections 21-10 and 21-11 of this Chapter generally codify certain, long-standing written recordkeeping requirements and address related administrative inspections.

§ 3. Section 21-02 of Chapter 21 of Title 38 of the Rules of the City of New York is amended to read as follows:

§ 21-02 Definitions.

Dealer in Second-Hand Articles. “Dealer in Second-Hand Articles” or “Second-Hand Dealer” means a dealer in second-hand articles as such person is defined in Section 20-264 of the New York City Administrative Code.

Dealer Subject to Electronic Recordkeeping Requirements. “Dealer Subject to Electronic Recordkeeping Requirements” means a dealer in second-hand articles who deals in: (1) the purchase or sale of any second-hand manufactured article composed wholly or in part of gold, silver, platinum, or other precious metals; the purchase or sale of any old gold, silver, platinum or other precious metals; the purchase of articles or things comprised of gold, silver, platinum or other precious metals for the purpose of melting or refining; the purchase or sale of used electrical appliances excluding kitchen appliances; the purchase or sale of any used electronic equipment, computers or component parts of electronic equipment or computers; or (2) the purchase or sale of pawnbroker tickets or other evidence of pledged articles, or the redemption or sale of pledged articles, where the second-hand dealer is not a pawnbroker.

Computer. “Computer” means a device which, by manipulation of electronic, magnetic, optical or electrochemical impulses, pursuant to an ordered set of data representing coded instructions or statements, can automatically perform arithmetic, logical, storage or retrieval operations, including but not limited to a tablet, laptop, desktop, gaming system, e-reader, MP3 player, or smartphone.

Electronic Equipment. “Electronic Equipment” means a device capable of recording, storing, playing or displaying digital media, including but not limited to a tablet, laptop, desktop, gaming system, e-reader, MP3 player, cellphone, smartphone, or any other electronic device capable of voice communication.

IMEI Number. “IMEI Number” means International Mobile Equipment Identity number.

Member of the Police Department. “Member of the Police Department” means a sworn officer of the New York City Police Department (NYPD).

Pawnbroker. “Pawnbroker” means a collateral loan broker as defined in Section 52 of the New York State General Business Law.

Police Commissioner. “Police Commissioner” means the Commissioner of the New York City Police Department.

Second-Hand Articles Store Log. “Second-Hand Articles Store Log” means the blank, triplicate form furnished by the Police Department to pawnbrokers and second-hand dealers pursuant to New York City Administrative Code §§ 20-267 and 20-277.

§ 4. Chapter 21 of Title 38 of the Rules of the City of New York is amended by adding two new sections 21-10 and 21-11 to read as follows:

§ 21-10 Compliance with Written Record-Keeping and Reporting Requirements.

(a) A member of the Police Department must provide each pawnbroker and second-hand dealer with a Second-Hand Articles Store Log and a copy of instructions.

(b) A member of the Police Department must visit each business maintaining a Second-Hand Articles Store Log at least once every ten days to obtain a copy of the records from the Second-Hand Articles Store Log. Each visit by such member must be documented by the member in the appropriate portion of the Second-Hand Articles Store Log.

(c) This section shall not apply to any pawnbroker or second-hand dealer that, to the satisfaction of the Police Department, uploads complete electronic records of transactions, including the information that would otherwise be required to be kept in the Second-Hand Articles Store Log, on a daily basis to a web-based electronic data transfer service designated by the Police Commissioner.

§ 21-11 Administrative Inspections.

(a) Members of the Police Department must conduct administrative inspections of each pawnbroker and second-hand dealer to ensure compliance with the record-keeping and reporting requirements set forth in the New York City Administrative Code and New York State General Business Law. These inspections must occur regularly, and in no event less often than once per quarter during the calendar year. In conducting these inspections, a member of the Police Department must:

(1) Request to see the last twenty articles purchased or received in pledge by the pawnbroker or second-hand dealer that are still in inventory, which articles must be produced by the pawnbroker or second-hand dealer;
(2) Compare the articles to the description of such articles listed in the Second-Hand Articles Store Log or the electronic record maintained pursuant to Sections 21-03 and 21-04 of this Chapter; and
(3) Review the entry for each of these twenty items in the Second-Hand Articles Stores Log or electronic record for completeness, accuracy and legibility.

(b) Pawnbrokers or second-hand dealers, including their employees, refusing to comply with an inspection conducted pursuant to this rule may be subject to civil as well as criminal penalties under the applicable provisions of local or state law.

STATEMENT OF BASIS AND PURPOSE OF RULE
Pawnbrokers and second-hand dealers in New York City are licensed by the Department of Consumer Affairs (“DCA”), and their record-keeping and reporting practices are monitored by both DCA and the New York City Police Department (“NYPD”). Pawnbrokers and second-hand dealers are closely regulated in New York City, and it is vitally important to ensure that accurate and complete records are maintained by these businesses. Among other requirements, pawnbrokers and second-hand dealers must maintain records and report information about their transactions pursuant to the New York City Administrative Code and the New York State General Business Law.

NYPD has adopted the following rule to generally codify its practices for conducting administrative inspections of pawnbrokers and second-hand dealers to ensure their compliance with record-keeping and reporting requirements. The rule:

• Defines a Second-Hand Article Store Log, a set of forms that pawnbrokers and second-hand dealers are required to complete pursuant to reporting requirements set forth in the New York City Administrative Code and this chapter;
• Sets forth procedures for obtaining completed Second-Hand Article Store Logs by the NYPD from pawnbrokers and second-hand dealers; and
• Generally codifies NYPD practices for conducting administrative inspections of pawnbrokers and second-hand dealers to ensure that the transactional information reported by these businesses is complete, accurate, and legible.

After reviewing comments received at the hearing and in writing, the NYPD is adopting the rule with the change that the administrative inspections must occur regularly and in no event less often than once per quarter during the calendar year as well as certain clarifying changes designed to ensure that the rule accurately sets forth the scope and application of reporting requirements and inspection provisions.

The laws that require pawnbrokers and second-hand dealers to report information about their transactions and that authorize inspection of these businesses and their records are the subject of currently pending litigation. Although a trial court issued a preliminary injunction prohibiting enforcement of many of these laws, that decision was stayed by an appellate court. See Collateral Loanbrokers Assn. of New York, Inc. v. City of New York, No. M-3147 (1st Dep’t Aug. 4, 2015); Collateral Loanbrokers Assn. of New York, Inc. v. City of New York, 18 N.Y.S.3d 578 (Sup. Ct. Bronx Cnty June 3, 2015). NYPD therefore remains responsible for enforcing these laws while the litigation is pending.

Effective Date: 
Sat, 09/03/2016

Proposed Rules: Closed to Comments

Agency:
Comment By: 
Thursday, April 14, 2016
Proposed Rules Content: 

Statement of Basis and Purpose

Background

Administrative Code § 17-194 provides that any owner of a building that has a water tank as part of its drinking water supply system must have it inspected at least once annually and requires the inspection to comply with applicable provisions of the New York City Health Code (“Health Code”). Inspection results must be recorded in a manner prescribed by the Commissioner of the Department.

Article 141 of the Health Code regulates certain aspects of the purity and sanitary condition of the City’s potable water supply, including roof top water storage tanks. Water for thousands of New York City buildings is kept in these types of tanks. Health Code §141.07 (“Building Drinking Water Storage Tanks”) requires that these tanks be inspected annually and that the person in control of a building using  water storage tanks keep copies of the inspection records and make them available to the Department upon request.

Owners of buildings with water tanks are required to report annually to the Department the fact that the tanks have been inspected. Requiring annual reporting promotes building owner compliance with the inspection mandate and facilitates the Department’s ability to monitor compliance.  Data from these reports will be made publically available. 

Administrative Code provisions.  Administrative Code § 17-194, enacted as Local Law 11 for the year 2009, provides for the annual inspections of water tanks, with results to be recorded in accordance with Department rules, maintained for five years from the date of inspection, and made available to the Department within five business days of receiving a request. Administrative Code § 17-194(e) allows for penalties of $250 to $1,000 per violation for violations of Administrative Code § 17-194 (b), and for a maximum of $250 per violation for violations of Administrative Code § 17-194 (c).  This proposed rule would set the penalties for these violations within those ranges.

§ 17-194(b) requires that tanks be inspected annually for compliance with applicable laws; results of inspections be recorded in a manner prescribed by the Commissioner; results of inspections be maintained for five years; and results of inspections be made available to the Department within five business days of being requested.

§ 17-194 (c) requires  a building owner to post a notice in a building informing tenants how to obtain the results of inspections.

Health Code provisions.   Health Code Article 141 (“Drinking Water”) supports maintenance of the purity and sanitary condition of the City’s potable water supply. Health Code §141.07 regulates building drinking water storage tanks as follows:

§141.07 (b) requires that owners and other persons in control of buildings serviced by water storage tanks annually inspect the physical condition of tanks and sample tank water for bacteriological quality.   

§141.07(c)  requires written reports of these inspections to be maintained for at least five years, and provided to the Department within five business days of a request by the Department. As of January 1, 2015, documentation of the inspections must be submitted to the Department, indicating whether the results of the inspection were satisfactory.

§141.07(d) requires a building owner to post a notice in a building informing tenants how to obtain the results of inspections.

§141.07(e) requires owners to immediately correct any unsanitary conditions identified in the water tank inspections; to clean the tank when indicated in accordance with Health Code §141.09; and to report any unsatisfactory findings in bacteriological sampling to the Department within 24 hours of receipt of such findings.

§141.07(f) provides that failure to submit reports to the Department when requested, or failure to submit the required annual documentation of an inspection, is prima facie evidence that no inspection was done at that time, and that separate violations may be issued for each year for which a required inspection report was not submitted.  

§141.09 (“Building Water Tank Cleaning, Painting and Coating”) requires that when water storage tanks are cleaned, painted  or coated, that work be done in accordance with industry standards, incorporating appropriate disinfection processes, by a duly qualified person or entity.  

Department rules.  In April 2015, the Department adopted a new Chapter 31 (“Drinking Water Tank Inspections”) of Title 24 RCNY.   Section 31-02(a) of this new chapter requires building owners or their agents to report the results of the annual inspections of their drinking water storage tanks to the Department no later than January 15th of the following year.   

Proposed Changes

The proposed rule amends Chapter 31 to establish a penalty schedule for sustained violations adjudicated at the Office of Administrative Trials and Hearings of the City of New York (OATH).

Notices of violations will be written, and penalties will be requested for each violation related to each drinking water tank in a building, for each year to which the violation applies.  A new section 31-03 provides that penalties set forth in Appendix 31-A must be imposed for sustained violations. Violations related to record keeping will be $250, to be doubled to $500 if the owner or other person served with a notice of violation or a summons fails to appear at a hearing and is found in default. Penalties for failure to conduct inspections and to clean tanks, report conditions or otherwise correct violations are established at $500, and doubled if the owner or other person served with a notice of violation or a summons fails to appear at a hearing and is found in default to $1,000.

Statutory Authority

These amendments to Chapter 31 of Title 24 of the Rules of the City of New York are authorized under §§ 556 and 1043 of the Charter; § 17-194 of the Administrative Code; and §141.07 of the Health Code.  Pursuant to § 556 of the Charter, the Department has jurisdiction to regulate all matters affecting health in the City, and specifically to supervise and regulate the purity and public health aspects of the water supplied in the City. Section 1043 of the Charter gives the Department rulemaking powers. Administrative Code § 17-194(b) and Health Code §141.07(b) authorize the Commissioner of the Department to adopt rules for annual water tank inspection recording and reporting.

Subject: 

Penalties for violation of requirements relating to building drinking water tanks

Location: 
NYC Department of Health and Mental Hygiene, Gotham Center
42-09 28 Street 3rd Floor, Room 3-32
Queens, NY 11101
Contact: 

Svetlana Burdeynik at (347) 396-6078 or resolutioncomments@health.nyc.gov

Download Copy of Proposed Rule (.pdf): 

Proposed Rules: Closed to Comments

Agency:
Comment By: 
Friday, May 16, 2014
Proposed Rules Content: 

  

                                            Statement of Basis and Purpose of Proposed Rule

 

The Department’s current amusement device requirements are found in Reference Standard RS 18-10 of the 1968 New York City Building Code. This standard is being repealed and replaced by this proposed rule.

This proposed rule will address minimum safety requirements for, and regulate the design, construction, installation, alteration, maintenance and operation of, amusement devices.  This proposed rule references, utilizes and requires compliance with the latest nationally recognized ASNT/SNT, ANSI/ASTM and ASTM standards.

Further, it will create uniformity with nationally recognized ASNT/SNT, ANSI/ASTM and ASTM standards.  It will introduce new methods, technology and innovation in an effort to promote safer and more reliable amusement devices for the public.  

Additionally, the format and structure of the proposed amusement device rule sections will be more user-friendly and easier to navigate than the previous version of these requirements.

 

 

Subject: 

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Location: 
Department of Buildings
280 Broadway, 3rd floor
New York, NY 10007
Contact: 

No contact

Download Copy of Proposed Rule (.pdf): 

Proposed Rules: Closed to Comments

Agency:
Comment By: 
Monday, May 13, 2013
Proposed Rules Content: 

 

 

Statement of Basis and Purpose

 

 

This rule is proposed pursuant to the authority of the Commissioner of Buildings under Sections 643 and 1043(a) of the New York City Charter and section 28-216.12 of the New York City Administrative Code.  

Section 28-216.12.1 of the Administrative Code created a requirement that potentially structurally compromised buildings be inspected regularly by a registered design professional.  

Pursuant to Section 28-216.12.1, this proposed rule would do the following: 

  • add a filing fee for required reports of compromised buildings;
  • expand on the definition of “potentially compromised” in section 28-216.12;
  • specify the inspection requirements for potentially structurally compromised buildings;
  • set out the items that need to be included in the inspection report; and
  • create civil penalties for failure to file a report. 

 

Subject: 

Opportunity to comment of proposed rule relating to potentially structurally compromised buildings

Location: 
Department of Buildings
280 Broadway 3rd Floor
New York, NY 10007
Contact: 

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