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Proposed Rules: Open to Comments

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Agency:
Comment By: 
Tuesday, July 28, 2020
Proposed Rules Content: 

Statement of Basis and Purpose

 

The proposed rule updates the penalty amounts for violations related to several provisions of Chapter 33 of the Building Code in order to conform to DOB’s methodology for calculating penalty amounts. 

Specifically, the proposed rule amends section 102-01 of Title 1 of the Rules of the City of New York to: 

·        Indicate that violations charged as “Aggravated I” are never eligible for Cure, Stipulation, or Mitigation even if there is a “Yes” in the corresponding column of the Buildings Penalty Schedule for that violation description;

·        Add civil penalties for failure to submit a Tenant Protection Plan (“TPP”) pursuant to Administrative Code § 28-120.1 as required in Local Law 106 and 118 of 2019;

·        Amend existing penalties for failure to post and distribute Notice of TPP to reflect the preferred charging section;

·        Remove an existing Class 1 penalty related to Administrative Code § 28-210.1;

·        Amend existing penalties related to Administrative Code § 28-211.1 as required in Local Law 118 of 2019, doubling penalties related to the filing of documents that make material false statements;

·        Amend existing Class 2 penalties related to miscellaneous provisions of the Administrative Code and New York City Building Code to match the statutory maximum for Class 2 penalties;

·        Amend existing Class 2 penalties related to miscellaneous provisions of the Administrative Code and the Zoning Resolution of the City of New York to allow Cures for these penalties in accordance with an initiative by the Department of Small Business Services;

·       Amend existing penalties related to several provisions of Chapter 33 of the Building Code in order to conform to DOB’s methodology for calculating penalty amounts (DOB’s methodology sets the “Aggravated I” penalty at two and a half times the Standard penalty, both the “Standard Default” and “Aggravated II” penalties at five times the Standard penalty, and the “Aggravated II Default” penalty at the statutory maximum);

·        Remove Cures for two existing Class 1 penalties related to 1 RCNY § 3319-02(j)(3) and miscellaneous violations of the Energy Conservation Code’s residential provisions because Class 1 penalties are not eligible for Cure; and

·        Amend an existing Class 3 penalty related to § 28-104.8.4.3, which was incorporated into § 28-120.1.3 pursuant to Local Law 106 of 2019. 

DOB’s authority for this rule is found in Sections 643 and 1043(a) of the New York City Charter, Local Laws 106 and 118 of 2019, and Section 28-201.2 of the Administrative Code of the City of New York.

New material is underlined. 

[Deleted material is in brackets.]

 

Subject: 

Remote hearing

Location: 
See webex info in attached rule
Contact: 

No contact

Download Copy of Proposed Rule (.pdf): 

Adopted Rules: Closed to Comments

Adopted Rules Content: 

Statement of Basis and Purpose of Rule

Local Laws 10 and 53 of 2018 amended Section 24-219 and 24-220 of the Administrative Code, require the filing of noise mitigation plans that must be made publicly available on the department’s website, as well as requiring noise mitigation rules for interior renovation.

DEP promulgates these rules, as required by section 24-219 and 24-220 to clarify and revise the existing noise construction rules as set forth in 15 RCNY 28-100 et seq. to require that noise mitigation plans must be filed with the department and add a section to the rules that will provide for mitigation techniques to control for interior renovation noise.

DEP received written comments pertaining to the type of noise that requires interior noise mitigation, as well as alternative technology that may be used to reduce noise to levels acceptable under the New York City Noise Control Code (“Noise Code”). As a result of these comments, this rule exempts minimal noise activities and allows an equivalent technology to be used if the mitigation will reduce the sound levels to those permitted by the Noise Code.

Effective Date: 
Thu, 10/18/2018