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Proposed Rules: Closed to Comments

Agency:
Comment By: 
Friday, January 9, 2015
Proposed Rules Content: 

Statement of Basis and Purpose of Proposed Rule

Local Law 141 of 2013 repealed Section 3314 of the New York City Building Code regarding scaffolds and replaced it with new language.  This proposed rule will clarify that Section 3314.4.5, which sets out training requirements for individuals who install, adjust, repair, maintain, use, inspect, or remove a suspended scaffold, or who supervise such work, applies to all work on suspended scaffolds on and after December 31, 2014, including for jobs filed prior to such date. Those requirements had previously been located in Rule 9-03, which is being repealed in another rulemaking.

The proposed new rule will state that on and after December 31, 2014 anyone who works on a suspended scaffold or who supervises such work must comply with the training requirements of Section 3314.4.5 of the New York City Building Code.

The Department of Buildings’ authority for these rules is found in sections 643 and 1043 of the New York City Charter and Section 3314.4.5 of the New York City Building Code.

Subject: 

Public Hearing on Suspended Scaffold Training Requirements

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

No Contact

Download Copy of Proposed Rule (.pdf): 

Adopted Rules: Closed to Comments

Adopted Rules Content: 

  

Statement of Basis and Purpose

 

Sections 1043 and 2203 of the New York City Charter and Section 20-104(b) of the Administrative Code give the Commissioner the power to promulgate, amend and modify rules and regulations necessary to carry out the powers and duties of the department. Section 20-603 of the Administrative Code gives the Commissioner of the Department of Consumer of Affairs the power to authorize a permit for those repairing used weighing or measuring devices conditioned upon compliance with the rules and regulations of any city agency applicable to such permittee. In accordance with the authority described above, the Department repeals Section 4-06 of Title 6 of the Rules of the City of New York.  

Section 4-06 of Title 6 of the Rules of the City of New York requires that upon the renewal of the license each year, each licensed repairman (company) must file a cumulative list of repairmen or servicemen, including their assigned identification numbers or letters. The list must include all repairmen or servicemen employed during the license period, indicating those currently employed and those no longer employed. This Section is being repealed because it does not further the intent of the law or the Department’s role in this sector, which is to ensure weighing and measuring devices are accurate, not to track employment records. As licensees of the Department, the repair companies already bear the responsibility of ensuring their employees comply with relevant laws and rules. 

 

Effective Date: 
Wed, 08/14/2013

Proposed Rules: Closed to Comments

Agency:
Comment By: 
Tuesday, May 7, 2013
Proposed Rules Content: 

  

STATEMENT OF BASIS AND PURPOSE

 

Administrative Code §27-2091 was recently amended by Local Law #6 of 2013 to provide that the Department of Housing Preservation and Development (HPD) may issue an order requiring a building owner to correct underlying conditions in a building that have caused or are causing a violation of the Housing Maintenance Code or of other State and local laws that impose requirements on dwellings.

 

The legislation authorizes HPD to set the criteria used to select buildings for issuance of such orders to correct underlying conditions. The proposed rules target buildings that have recurring violations caused by infrastructure problems, where an owner repeatedly performs cosmetic repairs rather than addressing the underlying cause. The criteria proposed in this rule are intended to focus on buildings that have recurring water leak and mold violations where owners have failed to address the impaired building system that is causing those violations. HPD expects to identify and issue these orders to approximately 50 such buildings per year, giving priority to buildings based on the number and severity of violations. HPD will not issue orders to one- or two- family buildings or to certain buildings that are subject to other enforcement actions by HPD or that may be the subject of a loan from HPD.

 

Under the legislation, an owner has a four-month window from the date of issuance of the order to correct the underlying conditions and remove violations from HPD's records. Owners may request a two-month extension by submitting specific documentation identifying the underlying condition and showing that the required work will be completed within the extended time period.

 

The rules also specify the process for an owner to have a building removed from the program through submission of proof of infrastructure repair and dismissal of violations, leading to the rescission of HPD's order. The Department may also rescind an order if the building is subject to another enforcement action by HPD or is the subject of a loan from HPD, or if the repair work was completed by HPD.

 

 

Subject: 

Opportunity to comment on rules relating to the issuing of orders for repair of underlying conditions in buildings

Location: 
100 Gold Street, Room 5R1
New York, NY 10038
Contact: 

Assistant Commissioner Grace DeFina
100 Gold Street, Room 4C1
New York, New York 10038

Download Copy of Proposed Rule (.pdf): 

Adopted Rules: Closed to Comments

Adopted Rules Content: 

 

 

Statement of Basis and Purpose

 

Administrative Code §27-2091 was recently amended by Local Law #6 of 2013 to provide that the Department of Housing Preservation and Development (HPD) may issue an order requiring a building owner to correct underlying conditions in a building that have caused or are causing a violation of the Housing Maintenance Code or of other State and local laws that impose requirements on dwellings.

 

The legislation authorizes HPD to set the criteria used to select buildings for issuance of such orders to correct underlying conditions. The rules target buildings that have recurring violations caused by infrastructure problems, where an owner repeatedly performs cosmetic repairs rather than addressing the underlying cause. The criteria in this rule are intended to focus on buildings that have recurring water teak and mold violations where owners have failed to address the impaired building system that is causing those violations. HPD expects to identify and issue these orders to approximately 50 such buildings per year, giving priority to buildings based on the number and severity of violations. HPD will not issue orders to one- or two- family buildings or to certain buildings that are subject to other enforcement actions by HPD or that may be the subject of a loan from HPD.

 

Under the legislation, an owner has a four-month window from the date of issuance of the order to correct the underlying conditions and remove violations from HPD's records. Owners may request a two-month extension by submitting specific documentation identifying the underlying condition and showing that the required work will be completed within the extended time period.

 

The rules also specify the process for an owner to have a building removed from the program through submission of proof of infrastructure repair and dismissal of violations, leading to the rescission of HPD's order. The Department may also rescind an order if the building is subject to another enforcement action by HPD or is the subject of a loan from HPD, or if the repair work was completed by HPD.

 

Effective Date: 
Sat, 06/22/2013

Proposed Rules: Closed to Comments

Agency:
Comment By: 
Thursday, June 20, 2013
Proposed Rules Content: 

 

 

Statement of Basis and Purpose of Proposed Rule

 

Sections 1043 and 2203 of the New York City Charter and Section 20-104(b) of the Administrative Code give the Commissioner the power to promulgate, amend and modify rules and regulations necessary to carry out the powers and duties of the department. Section 20-603 of the Administrative Code gives the Commissioner of the Department of Consumer of Affairs the power to authorize a permit for those repairing used weighing or measuring devices conditioned upon compliance with the rules and regulations of any city agency applicable to such permittee. In accordance with the authority described above, the Department proposes to repeal Section 4-06 of Title 6 of the Rules of the City of New York.

 

Section 4-06 of Title 6 of the Rules of the City of New York requires that upon the renewal of the license each year, each licensed repairman (company) must file a cumulative list of repairmen or servicemen, including their assigned identification numbers or letters. The list must include all repairmen or servicemen employed during the license period, indicating those currently employed and those no longer employed. This Section is being repealed because it does not further the intent of the law or the Department’s role in this sector, which is to ensure weighing and measuring devices are accurate, not to track employment records. As licensees of the Department, the repair companies already bear the responsibility of ensuring their employees comply with relevant laws and rules.

 

 

Subject: 

Notice of Opportunity to Comment on proposed amendments to repairs of second-hand weighing or measuring devices regarding cumulative lists of repair employees.

Location: 
Department of Consumer Affairs
66 John Street, 11th Floor Hearing Room
New York, NY 10038
Contact: 

Fran Freedman
Deputy Commissioner for External Affairs
Department of Consumer Affairs
42 Broadway, 8th floor
New York, N.Y. 10004
(212) 487-4407