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Adopted Rules: Closed to Comments

Adopted Rules Content: 

Statement of Basis and Purpose of Final Rule

 

The New York City Environmental Control Board (“ECB”) has  modified  the ECB Buildings Penalty Schedule to reflect the 2014 updates to the NYC Construction Codes and to more clearly and effectively allow the New York City Department of Buildings (“DOB”) to enforce particular sections of law.

 

The ECB held a public hearing on November 10, 2015 regarding amendments to its Department of Buildings Penalty Schedule found in Section 3-103 of Subchapter G of Chapter 3 of Title 48 of the Rules of the City of New York. One representative from DOB attended the public hearing. No written comments or oral testimony concerning this Proposed Rule were received at the November 10, 2015 public hearing. 

 

The 2014 updates to the NYC Construction Codes amended 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, and brought these codes up to date with the 2009 editions of the International Building, Mechanical, Fuel Gas and Plumbing Codes. 

 

The updates amended existing requirements, added new requirements and renumbered existing sections of these Codes. The Buildings Penalty Schedule has been amended to reflect some of these changes. The rule amends the Buildings Penalty Schedule by:

·      

updating sections of law for certain violations (“Failure to provide pedestrian protection for sidewalks and walkways,” “New building or open lot occupied without a valid certificate of occupancy,” and “Failure to obey a vacate order”),

·      

updating descriptions for certain violations (“New building or open lot occupied without a valid certificate of occupancy” and “Failure to obey a vacate order”), 

·      

deleting one existing violation (“Use of supported scaffold without a scaffold user certificate”), and

·      

adding one new violation (“Scaffold training certificate card not readily available for inspection”).

 

Penalty amounts for all existing violations remain unchanged. All penalties fall within the guidelines for all classes of violations, as stated in Section 28-202.1 of the New York City Administrative Code.  The statutory maximum for each class of violation is:

Class 3 (lesser violation) -$500,

Class 2 (major violation) - $10,000, and

Class 1 (immediately hazardous violation) - $25,000.

 

Eligible Class 2 (major) violations, and all Class 3 (lesser) violations, are indicated as curable in the penalty schedule.

 

Effective Date: 
Sun, 01/10/2016

Proposed Rules: Closed to Comments

Agency:
Comment By: 
Tuesday, November 10, 2015
Proposed Rules Content: 

Statement of Basis and Purpose of Proposed Rule

 

The New York City Environmental Control Board (“ECB”) is proposing a rule that would modify the Buildings Penalty Schedule to reflect the 2014 updates to the NYC Construction Codes and to more clearly and effectively allow the New York City Department of Buildings (“DOB”) to enforce particular sections of law.

 

The 2014 updates to the NYC Construction Codes amended 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, and brought these codes up to date with the 2009 editions of the International Building, Mechanical, Fuel Gas and Plumbing Codes. 

 

The updates amended existing requirements, added new requirements and renumbered existing sections of these Codes. The Buildings Penalty Schedule needs to be amended to reflect some of these changes. The proposed rule amends the Buildings Penalty Schedule by:

·       updating sections of law for certain violations (“Failure to provide pedestrian protection for sidewalks and walkways,” “New building or open lot occupied without a valid certificate of occupancy,” and “Failure to obey a vacate order”),

·       updating descriptions for certain violations (“New building or open lot occupied without a valid certificate of occupancy” and “Failure to obey a vacate order”), 

·       deleting one existing violation (“Use of supported scaffold without a scaffold user certificate”), and

·       adding one new violation (“Scaffold training certificate card not readily available for inspection”).

 

Penalty amounts for all existing violations remain unchanged. All penalties fall within the guidelines for all classes of violations, as stated in Section 28-202.1 of the New York City Administrative Code.  The statutory maximum for each class of violation is:

Class 3 (lesser violation) -$500,

Class 2 (major violation) - $10,000, and

Class 1 (immediately hazardous violation) - $25,000.

 

Eligible Class 2 (major) violations, and all Class 3 (lesser) violations, are indicated as curable in the penalty schedule.

 

 

Subject: 

Proposed Rule regarding the amendment of ECB's Buildings Penalty Schedule reflecting recent construction code amendments.

Location: 
NYC Environmental Control Board
66 John Street 10th Floor Conference Room
New York, NY 10038
Contact: 

Elizabeth Nolan at (212) 436-0708 or Jim Macron at (212) 436-0602

Adopted Rules: Closed to Comments

Adopted Rules Content: 

Statement of Basis and Purpose of Final Rule

 

The Environmental Control Board held a public hearing on December 18, 2013 regarding amendments to its Department of Buildings (DOB) Penalty Schedule. This schedule is found in Section 3-103 of Subchapter G of Chapter 3 of Title 48 of the Rules of the City of New York (RCNY). A representative from the Department of Buildings and one member of the public attended the public hearing. The member of the public testified on the proposed rule. No written comments were received. The Board has considered the testimony from the member of the public.

 

On July 1, 2013, the Mayor signed Local Law 47 of 2013. This law requires contractors and building owners to consolidate required construction signage and permits into a single new standard in order to provide information that is more useful to the public and minimize the visual clutter of signage at construction sites.

 

The law repeals the existing Section 3301.9 of the Building Code (BC 3301.9)—pertaining to required signage—and replaces it with a new BC 3301.9, detailing requirements for signs to be posted at construction or demolition sites. The new BC 3301.9 requires that where a site is enclosed with a fence, a project information panel must be posted and remain as long as the fence is in place. On sites where a sidewalk shed is installed, a sidewalk shed parapet panel must be posted and remain as long as the shed is in place. BC 3301.9 spells out the content, design, and location of project information panels and sidewalk shed parapet panels. Fence and sidewalk shed signs placed before July 1, 2013 are subject to separate regulations detailed under BC 3301.9.3. Additionally, BC 3301.9 regulates the placement of other signs required by law, directing that they be posted inside the site where only the workers can see them, unless the law requires them to be visible to the public as well.

 

Section 1

In order to enforce the new requirements under BC 3301.9, the rule has modified the following violations in the ECB penalty schedule:

 

-          1 RCNY 27-03 “Prohibited sign on sidewalk shed or construction fence” will now reference BC 3307.1.1 and read “Prohibited Outdoor Advertising Company sign on sidewalk shed or construction fence”.

 

Section 28-105.11 of the Administrative Code “Failure to post permit for work at premises” will now read “Failure to post or properly post permit for work at premises”.

 

-          BC 3301.9 & 27-1009(c) “Failure to provide/post sign(s) at job site pursuant to subsection” will delete the reference to section 27-1009(c) of the Administrative Code and now read “Project Information Panel/Sidewalk Shed Parapet Panel/Construction Sign not provided or not in compliance with section.

 

-          BC 3307.6 & 27-1021 “Sidewalk shed does not meet code specifications” will delete the reference to section 27-1021 of the Administrative Code, reference BC 3307.1 and read “Pedestrian protection does not meet code specifications”.

 

-          BC 3307.7 & 27-1021(c) “Job site fence not constructed pursuant to subsection” will delete the reference to section 27-1021(c) of the Administrative Code and now read “Job site fence not constructed or maintained pursuant to subsection”.

 

 

Section 2

In order to enforce the requirement that sidewalk sheds be Hunter Green and to enforce the prohibition on the placement of unlawful signs under BC 3301.9, the rule has added the following three violations to the penalty schedule:

 

-          BC 3307.1.1, “Posting of unlawful signs, information, pictorial representation, business or advertising messages on protective structures.” This violation is a class 2 violation. The penalty and default amounts are listed in the table below.

-           

-          BC 3307.3 “Failure to provide pedestrian protection for sidewalks and walkways”. This violation is a class 1 violation with no cure. The penalty and default amounts are listed in the table below.

-           

-          BC 3307.6.4, “Sidewalk shed does not meet color specification”. This violation is a class 2 violation with a cure. The penalty and default amounts are listed in the table below.

 

 

Section 3

In order to effectively enforce the requirement under BC 3307.3.1 that construction and demolition sites have pedestrian protection for sidewalks and walkways, the rule has made the following additional changes to the penalty schedule:

 

-          The deletion of the class 2 charge for BC 3307.3.1 & 27-1021(a) “failure to provide a sidewalk shed where required”  and delete reference to section 27-1021(a) of the Administrative Code.

 

Accordingly, DOB will amend its Violation Classification rule (1 RCNY 102-01) to classify these charges as required by 28-201.2.

 

 

 

Effective Date: 
Sun, 03/16/2014

Adopted Rules: Closed to Comments

Adopted Rules Content: 

 

Statement of Basis and Purpose

This rule amendment is promulgated pursuant to the authority of the Commissioner of Buildings under sections 643 and 1043(a) of the New York City Charter and sections 28-201.2, 28-201.2.1, and 28-202.1 of the New York City Administrative Code. 

On July 1, 2013, the Mayor signed Local Law 47 of 2013. This law requires contractors and building owners to consolidate required construction signage and permits into a single new standard in order to provide information that is more useful to the public and minimize the visual clutter of signage at construction sites.

The law repeals existing Section 3301.9 of the New York City Building Code, pertaining to required signage, and replaces it with a new Section 3301.9, detailing requirements for signs to be posted at construction or demolition sites.

The law also amends Section 3307.6.4 of the Building Code to require sidewalk sheds erected after July 1, 2013 to be painted hunter green and adds that same requirement for fences in Section 3307.7.2.

In order to enforce the new requirements under Sections 3301.9, 3307.1 and 3307.7, the rule modifies the following existing violations:

·        1 RCNY 27-03/Section 3307.1.1 (Building Code): “Prohibited sign on sidewalk shed or construction fence” will now reference only Section 3307.1.1 and read “Prohibited Outdoor Advertising Company sign on sidewalk shed or construction fence.”

·        Section 28-105.11 of the Administrative Code: “Failure to post permit for work at premises” will now read “Failure to post or properly post permit for work at premises.”

·        Section 3301.9 (Building Code)/Section 27-1009(c) (Admin Code): “Failure to provide/post sign(s) at job site pursuant to subsection” will delete the reference to Section 27-1009(c) and will now read “Project Information Panel/Sidewalk Shed Parapet Panel/Construction Sign not provided or not in compliance with section.”

·        Section 3307.6 (Building Code)/Section 27-1021 (Admin Code): “Sidewalk shed does not meet code specifications” will delete the references to Section 27-1021 and Building Code Section 3307.6, will now reference Section 3307.1 of the Building Code, and will read “Pedestrian protection does not meet code specifications.”

·        Section 3307.7 (Building Code)/Section 27-1021(c) (Admin Code): “Job site fence not constructed pursuant to subsection” will delete the reference to Section 27-1021(c) and will now read “Job site fence not constructed or maintained pursuant to subsection.”

In order to enforce the requirement that sidewalk sheds be hunter green in Section 3307.6.4 of the Building Code and to enforce the prohibition on the placement of unlawful signs on protective structures set out in Section 3707.1.1 of the Building Code, the rule amendment adds the following new violations:

·        A class 2 violation of Section 3307.1.1 of the Building Code: “Posting of unlawful signs, information, pictorial representation, business or advertising messages on protective structures.”

·        A class 2 violation of Section 3307.6.4 of the Building Code: “Sidewalk shed does not meet color specification.”

In order to effectively enforce the requirement under Section 3307.3 of the Building Code, that construction and demolition sites have pedestrian protection for sidewalks and walkways, the rule makes the following additional changes:

·        Section 3307.3.1 (Building Code)/27-1021(a) (Admin Code): This charge is being deleted and will be replaced by the new Section 3307.3 charge listed below.

·        A Class 1 violation of Section 3307.3 of the Building Code:  “Failure to provide pedestrian protection for sidewalks and walkways.”  This charge replaces and expands the current charge under Section 3307.3.1/Section 27-1021(a), which is being deleted.  While this change is not strictly necessary to implement Local Law 47, it is being made because the current charge only addresses the failure to provide sidewalk shed protection. However, there may be instances where there is a failure to provide other types of pedestrian protection (not just sidewalk sheds) and this expanded charge will allow the Department to address that.

 

Effective Date: 
Fri, 01/17/2014

Proposed Rules: Closed to Comments

Agency:
Comment By: 
Wednesday, December 18, 2013
Proposed Rules Content: 

Statement of Basis and Purpose

 

The Environmental Control Board proposes to amend its Department of Buildings (DOB) Penalty Schedule. This schedule is found in Section 3-103 of Subchapter G of Chapter 3 of Title 48 of the Rules of the City of New York (RCNY). 

 

On July 1, 2013, the Mayor signed Local Law 47 of 2013. This law requires contractors and building owners to consolidate required construction signage and permits into a single new standard in order to provide information that is more useful to the public and minimize the visual clutter of signage at construction sites.

 

The law repeals the existing Section 3301.9 of the Building Code (BC 3301.9)—pertaining to required signage—and replaces it with a new BC 3301.9, detailing requirements for signs to be posted at construction or demolition sites. The new BC 3301.9 requires that where a site is enclosed with a fence, a project information panel must be posted and remain as long as the fence is in place. On sites where a sidewalk shed is installed, a sidewalk shed parapet panel must be posted and remain as long as the shed is in place. BC 3301.9 spells out the content, design, and location of project information panels and sidewalk shed parapet panels. Fence and sidewalk shed signs placed before July 1, 2013 are subject to separate regulations detailed under BC 3301.9.3. Additionally, BC 3301.9 regulates the placement of other signs required by law, directing that they be posted inside the site where only the workers can see them, unless the law requires them to be visible to the public as well.

 

Section 1

In order to enforce the new requirements under BC 3301.9, the proposed rule modifies the following violations in the ECB penalty schedule:

 

-          1 RCNY 27-03 “Prohibited sign on sidewalk shed or construction fence” will now reference BC 3307.1.1 and read “Prohibited Outdoor Advertising Company sign on sidewalk shed or construction fence”.

 

Section 28-105.11 of the Administrative Code “Failure to post permit for work at premises” will now read “Failure to post or properly post permit for work at premises”.

 

-          BC 3301.9 & 27-1009(c) “Failure to provide/post sign(s) at job site pursuant to subsection” will delete the reference to section 27-1009(c) of the Administrative Code and now read “Project Information Panel/Sidewalk Shed Parapet Panel/Construction Sign not provided or not in compliance with section.

 

-          BC 3307.6 & 27-1021 “Sidewalk shed does not meet code specifications” will delete the reference to section 27-1021 of the Administrative Code, reference BC 3307.1 and read “Pedestrian protection does not meet code specifications”.

 

-          BC 3307.7 & 27-1021(c) “Job site fence not constructed pursuant to subsection” will delete the reference to section 27-1021(c) of the Administrative Code and now read “Job site fence not constructed or maintained pursuant to subsection”.

 

 

Section 2

In order to enforce the requirement that sidewalk sheds be Hunter Green and to enforce the prohibition on the placement of unlawful signs under BC 3301.9, the proposed rule amendment adds the following three violations to the penalty schedule:

 

-          BC 3307.1.1, “Posting of unlawful signs, information, pictorial representation, business or advertising messages on protective structures.” This violation is a class 2 violation. The penalty and default amounts are listed in the table below.

-           

-          BC 3307.3 “Failure to provide pedestrian protection for sidewalks and walkways”. This violation is a class 1 violation with no cure. The penalty and default amounts are listed in the table below.

-           

-          BC 3307.6.4, “Sidewalk shed does not meet color specification”. This violation is a class 2 violation with a cure. The penalty and default amounts are listed in the table below.

 

 

Section 3

In order to effectively enforce the requirement under BC 3307.3.1 that construction and demolition sites have pedestrian protection for sidewalks and walkways, the proposed rule makes the following additional changes to the penalty schedule:

 

-          The deletion of the class 2 charge for BC 3307.3.1 & 27-1021(a) “failure to provide a sidewalk shed where required”  and delete reference to section 27-1021(a) of the Administrative Code.

 

Accordingly, DOB will amend its Violation Classification rule (1 RCNY 102-01) to classify these charges as required by 28-201.2.

 

 

 

Subject: 

The Environmental control Board (ECB) proposes to amend its Department of Buildings (DOB) Penalty Schedule found in Section 3-1-3 of Subchapter 3 of Title 48 of the Rules of the City of New York related to fines for violations of the Building Code regulating construction signs and pedestrian sidewalk and walkway protection at construction or demolition sites

Location: 
NYC Environmental Control Board
66 John Street 10th Floor Conference Room
New York, NY 10038
Contact: 

James Macron at (212) 436-0594 or Elizabeth Nolan at (212) 436-0592