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

Agency:
Comment By: 
Friday, May 15, 2020
Proposed Rules Content: 

Statement of Basis and Purpose of Proposed Rule

The Fire Department proposes this rule to implement the provisions of Local Law No. 103 of 2019 regarding hurricane evacuation notices and to require apartment building owners to periodically inspect the fire safety notices on dwelling unit doors.

Hurricane Evacuation Notices

Local Law 103 requires apartment building owners (Group R-2 buildings and occupancies) within a hurricane evacuation zone, as designated by Commissioner of the Office of Emergency Management (now New York City Emergency Management or NYCEM) to post a hurricane evacuation notice in a common area of the building. The notice is intended to inform building occupants of the current hurricane evacuation zone designation for the building and the means by which building residents can determine the closest hurricane evacuation centers, namely by calling 311 or viewing the online Hurricane Evacuation Zone finder operated by NYCEM. The law provides that “[s]uch notice shall be in such form as prescribed by the commissioner by rule and shall be posted within a common area of the building and such other locations as set forth in the rules.”

Fire Department rule 3 RCNY §401-06 sets forth emergency preparedness requirements for apartment buildings. The proposed rule would amend Section 401-06 to require the posting of the hurricane evacuation notice in a conspicuous location in the building lobby at street level, either near the main building entrance, in the mailbox area or by the elevators or main stairwell.

The proposed rule prescribes that the notice take the form of the hurricane evacuation notice posted on NYCEM’s website and that it be affixed to the wall by adhesive or in a frame, displayed in an enclosed, locked bulletin board, or otherwise durably and securely posted.

Fire Safety Notices

Fire and emergency preparedness notices (entitled “Fire Safety Notices”) are required to be posted on the interior side of dwelling unit doors. The posting of this notice has been required for almost 20 years.

The Fire Department does not ordinarily inspect dwelling units and therefore does not have a means to enforce replacement of missing or damaged notices. When it has found missing or damaged notices, owners have maintained that the rule does not clearly require prompt replacement of the notices.

To address these issues, the Fire Department proposes to amend Section 401-06 to require building owners to inspect each dwelling unit at least once every two years to confirm the presence of the notice, and to replace missing or damaged notices whenever the owner or the owner’s managing agent or building staff become aware of a missing or damaged notice. In apartment buildings with a cooperative or condominium form of ownership, the cooperative or condominium association board of directors shall cause such inspections to be conducted, and, if the notice is missing or damaged, require the apartment owner to post the replacement notice provided by such board.

This proposed rule was not included in the Fire Department’s FY2020 regulatory agenda because the need for it was not anticipated.

Subject: 

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Contact: 

No contact

Adopted Rules: Closed to Comments

Adopted Rules Content: 

This final rule implements New York City Administrative Code section 26-1103, which was recently enacted by Local Law 45 of 2014.  Section 26-1103 requires owners of multiple dwellings to post a notice in a conspicuous place within view of the area in the multiple dwelling to which mail is delivered regarding the availability of a housing information guide for tenants and owners.  The law authorizes the Department of Housing Preservation and Development to determine the form of the required notice.

Effective Date: 
Mon, 01/19/2015

Proposed Rules: Closed to Comments (View Public Comments Received:2)

Agency:
Comment By: 
Tuesday, December 9, 2014
Proposed Rules Content: 

 

The proposed rule implements New York City Administrative Code section 26-1103, which was recently enacted by Local Law 45 of 2014.  Section 26-1103 requires owners of multiple dwellings to post a notice in a conspicuous place within view of the area in the multiple dwelling to which mail is delivered regarding the availability of a housing information guide for tenants and owners.  The law authorizes the Department of Housing Preservation and Development to determine the form of the required notice.

 

 

Subject: 

.

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: 

 

 

 

The rule implements section 27-2051.1 of the New York City Administrative Code, which requires owners of residential dwellings to post a temporary notice with emergency information in the common area of the building prior to the arrival of a weather emergency, a natural disaster, or after being informed about a utility outage that is expected to last for more than 24 hours.  The sign must be removed after the weather emergency, natural disaster, or utility outage has ended. The law requires that the Department of Housing Preservation and Development publish a template that may be used by residential buildings for this purpose.  The rule provides such a template.

 

 

 

This rule implements recently enacted requirements in section 27-2051.1 of the New York City Administrative Code, with only minor discretion or interpretation by the Department of Housing Preservation and Development.  Pursuant to section 1043(d)(4)(iv) of the City Charter, the analysis required by section 1043(d) of the Charter was not performed. 

 

Effective Date: 
Sat, 05/03/2014

Proposed Rules: Closed to Comments

Agency:
Comment By: 
Thursday, March 6, 2014
Proposed Rules Content: 

Statement of Basis and Purpose of Proposed Rule

The proposed rule implements section 27-2051.1 of the New York City Administrative Code, which requires owners of residential dwellings to post a temporary notice with emergency information in the common area of the building prior to the arrival of a weather emergency, a natural disaster, or after being informed about a utility outage that is expected to last for more than 24 hours.  The sign must be removed after the weather emergency, natural disaster, or utility outage has ended. The law requires that the Department of Housing Preservation and Development publish a template that may be used by residential buildings for this purpose.  The rule provides such a template.

Subject: 

.Temporary Posting of Emergency Information

Location: 
Department of Housing Preservation and 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 Rule

 

Section 1403(c) of the New York City Charter and Section 24-105 of the Administrative Code authorize the Commissioner to regulate and control the emission of harmful air pollutants into the open air.

 

Dry cleaners use chemicals, including those that may be hazardous. Existing Department of Environmental Protection (DEP) rules set forth the primary permits and other compliance requirements for existing and new dry cleaners. DEP currently requires dry cleaners to post a notice that informs the public of the use of the chemical perchloroethylene (perc) in the dry cleaning process.

 

The rule requires an additional notice for perc that would inform the public how to access

 

Material Safety Data Sheets from DEP’s website. These Material Safety Data Sheets provide more detailed information about the chemicals used in dry cleaning. In addition, the rule requires that the notice include the dry cleaner’s DEP permit number.

 

The rule also requires dry cleaners that use chemicals other than perc to post a notice that would identify the primary non-perc chemical used. Recently, dry cleaners have been promoting the use of non-perc solvents as environmentally green solvents, but customers typically are not informed about what chemical the dry cleaner uses. The notice must also contain the information about the Material Safety Data Sheets and the dry cleaner’s DEP permit number.

 

After receiving public comments, the requirement to post that the public can call 311 to report chemical odors or leaks was removed. A Department of Consumer Affairs Posting Notice at dry cleaners provides the 311 number, as well as a State Department of Environmental Conservation odor complaint phone number.

 

The new notices, which must be posted where they can be easily seen, will keep the public informed of perc and the primary non-perc chemical used in the dry cleaning process. A dry cleaner that uses both perc and non-perc chemicals would have to post separate notices informing the public about the use of perc and the primary non-perc chemical.

 

 

Effective Date: 
Tue, 02/11/2014

Proposed Rules: Closed to Comments

Agency:
Comment By: 
Wednesday, November 28, 2012
Proposed Rules Content: 

 

 

Statement of Basis and Purpose

 

Section 1403(c) of the New York City Charter and Section 24-105 of the Administrative Code authorize the Commissioner to regulate and control the emission of harmful air pollutants into the open air.

 

Dry cleaners use chemicals, including those that may be hazardous.  Existing Department of Environmental Protection (DEP) rules set forth the primary permits and other compliance requirements for existing and new dry cleaners.  DEP currently requires dry cleaners to post a notice that informs the public of the use of the chemical perchloroethylene (perc) in the dry cleaning process.

 

The proposed rule requires an additional notice for perc that would inform the public how to access Material Safety Data Sheets from DEP’s website.  These Material Safety Data Sheets provide more detailed information about the chemicals used in dry cleaning.  In addition, the proposed rule requires that the notice include the dry cleaner’s DEP permit number and inform the public that it can call 311 to report chemical odors or leaks.

 

The proposed rule also requires dry cleaners that use chemicals other than perc to post a notice that would identify the primary non-perc chemical used.  Recently, dry cleaners have been promoting the use of non-perc solvents as environmentally green solvents, but customers typically are not informed about what chemical the dry cleaner uses.  The notice would also contain the information about the Material Safety Data Sheets, the dry cleaner’s DEP permit number, and the phone number for reporting chemical odors or leaks.

 

The new notices, which must be posted where they can be easily seen, will keep the public informed of perc and the primary non-perc chemical used in the dry cleaning process.  A dry cleaner that uses both perc and non-perc chemicals would have to post separate notices informing the public about the use of perc and the primary non-perc chemical.

 

 

Subject: 

Opportunity to Comment on Proposed Amendments to Chapter 12 of Title 15 of the Rules of the City of New York requiring posting of notices at dry cleaning facilities.

Location: 
New York City Department of Environmental Protections
59-17 Junction Boulevard 6th Floor
Flushing, NY 11373
Contact: 

Erin Callahan
(718) 595-6549