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Adopted Rules: Closed to Comments

Adopted Rules Content: 

The DOT Commissioner is authorized by Section 2903(a) of the New York City Charter and Title 19 of the New York City Administrative Code to promulgate rules regarding parking and traffic operations in the City. The rule that DOT is adopting is contained within Chapter 4 of the Title 34 of the Rules of the City of New York relating to its Traffic Rules and Regulations.

The purpose of this new rule is to implement a carshare parking pilot program at designated on-street and off-street locations.

Carshare is a program involving vehicles that are owned or leased by organizations whose members rent these vehicles for short periods of time, and provides these members access to a car without the expense of car ownership. By designating parking locations specifically for carshare vehicles of these organizations, this new rule would expand access to carshare and provide an affordable mobility option to more New Yorkers.

Research in other cities shows that carshare programs reduce personal car ownership and vehicle miles travelled among carshare members. Fewer cars on the road and fewer vehicle miles travelled means less congestion, as well as lower carbon emissions and air pollution—key priorities of the City’s OneNYC Plan, which sets measurable goals for a strong, sustainable, resilient and equitable city. In accordance with Local Law No. 47, DOT will evaluate the impact of the pilot program on car ownership rates, mobility, and other relevant factors, including the potential of the pilot to reduce neighborhood parking demand.

The details describing the new rule reflect the following the program’s key components:
• requirement that carshare organizations apply for permits allowing the use of dedicated parking spaces, either on-street or in a municipal parking facility, within carshare parking zones
• requirement that carshare organizations pay a permit fee
• conditions of the carshare permit
• process by which a carshare permit is assigned
• data reporting requirements

In response to comments received by DOT, the following changes have been made to the proposed rule, which are reflected in the adopted rules:

• For clarification purposes, a definition of “equity parking space” has been added, and the definition of “hand control adapted carshare vehicle” has been modified.
• The use of the term “carshare” instead of “carsharing” has been adopted throughout the rule.
• The requirement of attaining an average of 27 miles per gallon (MPG) by all participating carshare vehicles has been removed.
• The conditions under which DOT can decline to issue a permit have been clarified.
• The conditions of a carshare permit have been streamlined, including removing the requirement that carshare organizations not move vehicles from garages or other spaces to the designated on street spaces.
• The paragraph relating to assignments for carshare parking spaces in municipal parking facilities has been re-organized.
• The “Round 3” of the assignment process for on-street carshare parking spaces has been revised.
• Maintenance area size has been reduced from 15 feet to 10 feet.
• The paragraph relating to the relocation of impermissibly parked vehicles has been simplified.

Effective Date: 
Wed, 10/11/2017

Proposed Rules: Closed to Comments (View Public Comments Received:1)

Agency:
Comment By: 
Tuesday, August 1, 2017
Proposed Rules Content: 

The proposed rule amends the New York City Department of Transportation (“DOT”) Traffic Rules in relation to the implementation of a carshare parking pilot program. This notice was originally published in the City Record on June19, 2017 and has now been revised to clarify the requirements pertaining to permit fees being proposed in section 4-08(o)(6)(iii). There will be an application fee of $765 per carshare organization. For carshare parking spaces in municipal parking facilities, a carshare organization would be required to pay an additional quarterly or monthly permit fee charged by each municipal parking facility.

The purpose of these proposed rule amendments is to implement a carshare parking pilot program at designated on-street and off-street locations. Carsharing is a program involving vehicles that are owned or leased by organizations whose members rent these vehicles for short periods of time, and provides these members access to a car without the expense of car ownership. By designating parking locations specifically for carshare vehicles of these organizations, this new rule would expand access to carshare and provide an affordable mobility option to more New Yorkers.

Research in other cities shows that carshare programs reduce personal car ownership and vehicle miles travelled among carshare members. Fewer cars on the road and fewer vehicle miles travelled means less congestion, as well as lower carbon emissions and air pollution—key priorities of the City’s OneNYC Plan, which sets measurable goals for a strong, sustainable, resilient and equitable city. In accordance with Local Law No. 47, DOT will evaluate the impact of the pilot program on car ownership rates, mobility, and other relevant factors, including the potential of the pilot to reduce neighborhood parking demand.

Specifically, DOT proposes adding:
• requirement that carsharing organizations apply for permits allowing the use of dedicated parking spaces, either on-street or in a municipal parking facility, within carshare parking zones;
• requirement that carsharing organizations pay a permit fee
• conditions of the carshare permit
• process by which a carshare permit is assigned
• data reporting requirements

Subject: 

DOT amendment to Traffic Rules to implement a carshare parking pilot program

Location: 
DOT Bid Room
55 Water Street, Concourse Level Entrance is on the southeast corner of 55 Water St facing the NYC Vietnam Veterans Memorial Plaza
New York, NY 10041
Contact: 

Alex Keating
Director of Special Project
DOT Transportation Planning and Management
212-839-9685

Download Copy of Proposed Rule (.pdf): 

Adopted Rules: Closed to Comments

Adopted Rules Content: 

Statement of Basis and Purpose of Rule

The Office of Citywide Events Coordination and Management (OCECM), Street Activity Permit Office (SAPO) administers New York City’s permit system for street activities, block parties and fairs.

Each year SAPO issues permits to over 200 street fairs and over 5,000 other events, most of which  include the use of multiple blocks over several days, the erection of structures, the vending of food, apparel and other goods and the use of amplified sound and the performance of music.  Events like these require additional police officers which increases overtime costs to the City.  These events also divert police officers from core crime fighting, public safety and counter terrorism duties.

To more effectively deploy police resources and control overtime costs, the New York City Police Department has requested that SAPO exercise its discretion temporarily to deny permits for additional events scheduled for calendar year 2017.  The proposed rules will authorize SAPO to deny permits to these events only if the event was not held in the calendar year 2016. Events that received permits in calendar year 2016 will be eligible to receive permits again in calendar year 2017.

SAPO authority for these rules is found in section 1043 of the New York City Charter and Executive Order No. 105 of 2007.

Effective Date: 
Fri, 12/30/2016

Proposed Rules: Closed to Comments (View Public Comments Received:4)

Agency:
Comment By: 
Friday, December 2, 2016
Proposed Rules Content: 

                                    Statement of Basis and Purpose of Proposed Rule

The Office of Citywide Events Coordination and Management (OCECM), Street Activity Permit Office (SAPO) administers New York City’s permit system for street activities, block parties and fairs.

Each year SAPO issues permits to over 200 street fairs and over 5,000 other events, most of which include the use of multiple blocks over several days, the erection of structures, the vending of food, apparel and other goods and the use of amplified sound and the performance of music. Events like these require additional police officers which increases overtime costs to the City. These events also divert police officers from core crime fighting, public safety and counter terrorism duties.

To more effectively deploy police resources and control overtime costs, the New York City Police Department has requested that SAPO exercise its discretion temporarily to deny permits for additional events scheduled for calendar year 2017. The proposed rules will authorize SAPO to deny permits to these events only if the event was not held in the calendar year 2016. Events that received permits in calendar year 2016 will be eligible to receive permits again in calendar year 2017.

SAPO authority for these rules is found in section 1043 of the New York City Charter and Executive Order No. 105 of 2007.

Subject: 

Street Fair Moratorium

Location: 
Spector Hall
22 Reade Street
New York, NY 10007
Download Copy of Proposed Rule (.pdf): 

Adopted Rules: Closed to Comments

Adopted Rules Content: 

Statement of Basis and Purpose of Final Rule

 

As of December 31, 2014, the New York City Building Code requires, in Sections 403.4.4 and 907.2.13.2, that an in-building auxiliary radio communication (ARC) system be installed and maintained in all newly‑constructed high-rise buildings.  An ARC system is a wireless two-way building communication system for Fire Department use only that receives and transmits Fire Department portable radio frequencies within the building.  An ARC system typically consists of a transceiver (base station) connected to a building-wide antenna system, with a radio console in the building lobby.  Section 917.1.2 of the New York City Building Code and Section FC 511 of the New York City Fire Code together require that ARC systems be installed, acceptance tested, operated and maintained in accordance with the Fire Code and the rules of the Fire Department.

 

The Fire Department adopts this rule to establish requirements for the design, installation, operation and maintenance of ARC systems, including the testing procedures necessary to confirm that the ARC system is providing adequate radio coverage in the building in all areas accessible for firefighting operations. The rule seeks to ensure that ARC systems achieve their intended purpose and, once installed, are continuously maintained in good working order.

 

The new rule, 3 RCNY §511-01, sets forth standards, requirements and procedures for installation, acceptance testing, daily inspection, annual certification and five-year recertification of ARC systems.  It requires that the testing of ARC systems be supervised by a person holding a Fire Department license, known as a Certificate of Fitness, who knows the New York City Building Code, Fire Code and Fire Department rule standards that apply to ARC systems.  The rule reflects the Fire Code requirement that this person hold a General Radiotelephone Operator License issued by the United States Federal Communications Commission (FCC).

 

The new rule also addresses the operation and maintenance of pre-existing in-building radio communication systems similar to ARC systems that were approved for installation by the Department of Buildings and/or the Fire Department prior to December 31, 2014.  As set forth in Section 511‑01(j) of the rule, a commissioning test must be conducted and the results submitted to the Fire Department; a Fire Department permit must be obtained; operation of the system for maintenance and testing purposes must be under the supervision of a certificate of fitness holder; and the system must be operated and maintained in compliance with the requirements for ARC systems set forth in the rule.

 

The Fire Department is additionally amending two existing Fire Department rules in connection with the ARC system requirements of the Fire Code and Section 511-01.

 

The Fire Department is amending Fire Department rule 3 RCNY §115-01 to establish a company certificate for businesses that test ARC systems.  These company certificates seek to ensure that the businesses that test ARC systems, including operating the systems to perform the required testing, are subject to the same standards as the individual Fire Department Certificate of Fitness holders whom they employ to perform the testing.  The Fire Department regulates blasting and fireworks contractors, private fire alarm central stations, fumigation companies, portable fire extinguisher sales and servicing companies, and smoke detector maintenance companies in a similar fashion by requiring both the individuals who perform the work and the companies that employ them to be certified.

 

Lastly, the Fire Department is amending Fire Department rule 3 RCNY §4601-01 to adopt fees for the ARC system testing company certificate and for ARC system acceptance testing by Fire Department personnel.  The fee for the ARC system testing company certificate will cover the Fire Department’s costs in issuing the certificate and programming and periodically inspecting the portable radios that each company will use to operate on Fire Department frequencies to test the ARC systems. The fee for the ARC system permit is amended to cover the cost of acceptance testing by the Fire Department.

 

In response to public comment, the Fire Department has revised Section 511-01 to clarify that the ARC system must be capable of operating on either the Fire Department simplex channels or duplex channels designated in the rule, and is not required to be capable of operating on both.  The rule has also been revised to allow the cabling for ARC systems that carries or radiates the radio frequencies (RF) to be shared with other building communication systems, provided that the owner demonstrates that such sharing will not impair the operation of the ARC system.  Additional revisions seek to clarify the terminology associated with preexisting in-building radio communication systems similar to ARC systems.

 

Finally, the rule has been revised to authorize owners of ARC systems, as well as impairment coordinators and persons who install or maintain ARC systems, to possess a citywide standard key. A citywide standard key is the key that enables Fire Department personnel and other authorized persons to operate elevator firefighter service and other devices and locked boxes.  The ARC system console will be accessed using a citywide standard key.

 

Terms used in the rule that are defined in the Fire Code or elsewhere in the Fire Department’s rules are indicated by italics.

 

Text to be deleted is indicated by [brackets].  Text to be added is underlined.

 

“Shall” and “must” denote mandatory requirements and may be used interchangeably in Fire Department rules, unless otherwise specified or unless the context clearly indicates otherwise.

 

Guidance with respect to the interpretation of the Fire Code and Fire Department rules may be obtained using the Public Inquiry Form on the Fire Department’s website, www.nyc.gov/html/fdny/html/firecode/index.shtml#p6.

 

Effective Date: 
Fri, 01/01/2016

Adopted Rules: Closed to Comments

Adopted Rules Content: 

Procedures for an administrative appeal of a New York City Department of Transportation determination to revoke or suspend a disability parking permit.

Effective Date: 
Fri, 11/13/2015

Proposed Rules: Closed to Comments

Agency:
Comment By: 
Sunday, August 9, 2015
Proposed Rules Content: 

 

Statement of Basis and Purpose of Proposed Rule

Section 2903(a)(15)(a) of the New York City Charter (“Charter”) empowers the New York City Department of Transportation (DOT) Commissioner to issue Special Vehicle Identification Parking Permits, including Parking Permits for People with Disabilities (PPPD).  It further provides that “[a]ny abuse by any person to whom such permit has been issued of any privilege, benefit or consideration granted pursuant to such permit, shall be sufficient cause for revocation of such permit.”  Section 4-08(o)(1)(v) of Title 34 of the Rules of the City of New York (“RCNY”) provides that “any abuse by any person of any privilege, benefit or consideration granted by such permit, shall be sufficient cause for revocation of said permit.”

Currently, neither the Charter nor the RCNY provides any guidance for the procedures to revoke or suspend a PPPD. 

This proposed rule sets forth the procedures for an administrative appeal of a determination by the DOT to revoke or suspend a PPPD.

Subject: 

Parking Permits for People with Disabilities.

Location: 
55 Water Street Bid Room
New York, NY 10041
Contact: 

Elsie Martel
rules@dot.nyc.gov

Download Copy of Proposed Rule (.pdf): 

Proposed Rules: Closed to Comments (View Public Comments Received:1)

Agency:
Comment By: 
Thursday, July 30, 2015
Proposed Rules Content: 

Statement of Basis and Purpose of Proposed Rule

 

As of December 31, 2014, the New York City Building Code requires, in Sections 403.4.4 and 907.2.13.2, that an in-building auxiliary radio communication (ARC) system be installed and maintained in all newly‑constructed high-rise buildings.  An ARC system is a wireless two-way building communication system for Fire Department use only that receives and transmits Fire Department portable radio frequencies within the building.  An ARC system typically consists of a transceiver (base station) connected to a building-wide antenna system, with a radio console in the building lobby.  Section 917.1.2 of the New York City Building Code and Section FC 511 of the New York City Fire Code together require that ARC systems be installed, acceptance tested, operated and maintained in accordance with the Fire Code and the rules of the Fire Department.

 

The Fire Department proposes to adopt a new rule to establish requirements for the design, installation, operation and maintenance of ARC systems, including the testing procedures necessary to confirm that the ARC system is providing adequate radio coverage in the building in all areas accessible for firefighting operations. The proposed rule seeks to ensure that ARC systems achieve their intended purpose and, once installed, are continuously maintained in good working order.

 

The proposed rule, 3 RCNY § 511-01, sets forth standards, requirements and procedures for installation, acceptance testing, daily inspection, annual certification and five-year recertification of ARC systems.  It requires that the testing of ARC systems be supervised by a person holding a Fire Department license, known as a Certificate of Fitness, who knows the New York City Building Code, Fire Code and Fire Department rule standards that apply to ARC systems.  The proposed rule reflects the Fire Code requirement that this person hold a General Radiotelephone Operator License issued by the United States Federal Communications Commission (FCC).

 

The proposed rule also addresses the operation and maintenance of in-building repeater systems that were approved for installation by the Department of Buildings and/or the Fire Department prior to December 31, 2014.  As set forth in Section 511‑01(j) of the proposed rule, a commissioning test must be conducted and the results submitted to the Fire Department; a Fire Department permit must be obtained; operation of the system for maintenance and testing purposes must be under the supervision of a certificate of fitness holder; and the system must be operated and maintained in compliance with the requirements for ARC systems set forth in the rule.

 

The Fire Department is additionally proposing to amend two existing Fire Department rules in connection with the ARC system requirements of the Fire Code and proposed Section 511-01.

 

The Fire Department proposes to amend Fire Department rule 3 RCNY § 115-01 to establish a company certificate for businesses that test ARC systems.  These company certificates seek to ensure that the businesses that test ARC systems, including operating the systems to perform the required testing, are subject to the same standards as the individual Fire Department Certificate of Fitness holders whom they employ to perform the testing.  The Fire Department regulates blasting and fireworks contractors, private fire alarm central stations, fumigation companies, portable fire extinguisher sales and servicing companies, and smoke detector maintenance companies in a similar fashion by requiring both the individuals who perform the work and the companies that employ them to be certified.

 

The Fire Department also proposes to amend Fire Department rule 3 RCNY §4601-01 to adopt fees for the ARC system testing company certificate and for ARC system acceptance testing by Fire Department personnel.  The proposed fee for the ARC system testing company certificate will cover the Fire Department’s costs in issuing the certificate and programming and periodically inspecting the portable radios that each company will use to operate on Fire Department frequencies to test the ARC systems.  The fee for the ARC system permit is proposed to be amended to cover the cost of acceptance testing by the Fire Department.

 

Terms used in the proposed rule that are defined in the Fire Code or elsewhere in the Fire Department’s rules are indicated by italics.

 

Text proposed to be deleted is indicated by [brackets].  Text proposed to be added is underlined.

 

“Shall” and “must” denote mandatory requirements and may be used interchangeably in Fire Department rules, unless otherwise specified or unless the context clearly indicates otherwise.

 

Guidance with respect to the interpretation of the Fire Code and Fire Department rules may be obtained using the Public Inquiry Form on the Fire Department’s website, www.nyc.gov/html/fdny/html/firecode/index.shtml#p6.

Subject: 

Fire Department Proposed Rule
3 RCNY Section 511-01 In-Building Auxiliary Radio Communication Systems

Location: 
Fire Department Auditorium
9 Metrotech Center
Brooklyn, NY 11201
Contact: 

No contact

Download Copy of Proposed Rule (.pdf): 

Adopted Rules: Closed to Comments

Adopted Rules Content: 

 

 

Statement of Basis and Purpose


The purpose of the rules is to provide a framework for the issuance of permits and revocable consents for the installation and maintenance of systems for flood mitigation within the City’s right of way (i.e. public streets and sidewalks). In the aftermath of Superstorm Sandy, building owners across the City have expressed an interest in flood mitigation systems such as barriers and/or walls that would protect their buildings in instances of severe weather-related events that result in significant flooding.

 Certain flood mitigation system designs may require the placement of components upon the City’s right of way.  As such, the Department is proposing a rule that will add two categories of permits for any flood mitigation system that is to be placed upon or below sidewalks, or in some unique situations, roadways. Requirements, including New York City Department of Buildings and New York City Fire Department approvals, as well as timeframes for the installation and removal of flood mitigation system components during and after severe weather-related events, are also specified.

 Flood mitigation system permits must be obtained for equipment that is placed in the City’s right of way that is intended for the protection of buildings, portions of buildings, or public service corporation facilities from flooding.  New section 2-10(e)(1) permits will be required for the placement of all above-ground components of a flood mitigation system. New section 2-10(e)(2) permits will only be required for at or below-ground flood mitigation system components that will remain in place at all times in order to expedite installation of the necessary above-ground flood mitigation system components.  New section 7-04(37) revocable consents will be required for any at or below-ground flood mitigation system components that will remain in place for longer than 365 days.

 

Additionally, provisions of the Highway Rules and Revocable Consent Rules are being reorganized and clarified to streamline the process by which the Department authorizes the installation of certain other structures throughout the City.

 The rules will achieve this goal by:

  • Renaming section 2-10 of the Highway Rules to cover two specific types of temporary structures (i.e., security structures and flood mitigation systems) while also deleting provisions that are no longer applicable.
  • Adding provisions in section 2-10 of the Highway Rules related to temporary flood mitigation systems and flood mitigation system footings.
  • Clarifying the references to the Revocable Consent Rules as they relate to temporary security structures in section 2-10 of the Highway Rules.
  • Moving the provision regarding non-electrical sidewalk sockets (i.e. flagpole sockets) to section 2-14 of the Highway Rules since these structures are not temporary and would not otherwise fit within the new framework of section 2-10.
  • Moving the provisions relating to structures, such as planters and bicycle racks, that are currently in section 2-10 of the Highway Rules to section 7-04 of the Revocable Consent Rules.
  • Adding a new paragraph in section 7-04 of the Revocable Consent Rules relating to flood mitigation system components.
Effective Date: 
Wed, 01/07/2015

Adopted Rules: Closed to Comments

Adopted Rules Content: 

 

Local Law 52 of 2014 changed the effective dates of amendments of the New York City Construction Codes pursuant to Local Law 141 of 2013 and certain other local laws from October 1, 2014 to December 31, 2014.   

 

By rule effective December 19, 2014 (see rule titled “Amendment to Change Effective Date of Miscellaneous Rules Related to 2014 Construction Codes”), the Department of Buildings amended the effective date of rules that were previously adopted pursuant to the 2014 NYC Construction Codes to conform them to the new effective date of the code (December 31, 2014). 

 

 

Therefore, this rule went into effect on December 31, 2014, not October 1, 2014.

 

 

Statement of Basis and Purpose of Rule 

 

These rule amendments are promulgated pursuant to the authority of the Commissioner of the New York City Department of Buildings “Department” under Sections 643 and 1043(a) of the New York City Charter and Section 28-103.15 of the New York City Administrative Code.  Under Section 28-103.15, the Commissioner may require an applicant for a work permit to provide proof of workers’ compensation, disability and general liability insurance for a project “in such amounts and in accordance with such specifications as shall be set forth in the rules of the department or as otherwise required by law.” Section 101-08 of Title 1 of the Rules of the City of New York sets forth the specific proof-of-insurance requirements that applicants for work permits must satisfy in order for the Department to issue or renew the necessary permit.  

 

The proposed amendments to Section 101-08:  

 

·        Amend the list of the types of permits to which the rule applies. This will make the rule line up with changes that Local Law 141 of 2013 made to the Administrative Code;  

 

 

·        Add a requirement of $1 million in liability insurance for the installation of scaffolds and sidewalk sheds; 

 

 

·        Clarify that project-specific liability insurance (when required) must cover the type of work to be performed as described in the permit; 

 

 

·        Add a requirement of $2 million in liability insurance for raising or moving a building;  

 

 

·        Eliminate the requirement that a permittee’s liability insurance policy contain a certain cancellation provision, because the inclusion of such provision is already required under the New York State Insurance Law; 

 

 

·        Prohibit a permittee’s liability insurance policy from containing exclusions for work performed within the city of New York or for the type of work described in the work permit; 

 

 

·        Correct a typographical error in the official publication of the rule related to the proposed number of stories for a certain category of buildings that has a $25 million insurance requirement for a new building or major alteration.

 

 

 

The Department of Buildings’ authority for these rules is found in Sections 643 and 1043 of the New York City Charter and Section 28-103.15 of the New York City Administrative Code.

 

New text is underlined. [Deleted material is in brackets.]  

 

 

Effective Date: 
Wed, 12/31/2014

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