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Adopted Rules: Closed to Comments

Adopted Rules Content: 

City of New York

Office of Administrative Trials and Hearings

Environmental Control Board

 

Notice of Promulgation of Rule

 

NOTICE IS HEREBY GIVEN PURSUANT TO THE AUTHORITY VESTED in the Office of Administrative Trials and Hearings’ Environmental Control Board (OATH ECB) in accordance with Sections 1049-a and 1043 of the New York City Charter. OATH ECB amends 48 RCNY §3-100 of its rules of procedure and repeals its Air Code Penalty Schedule in Section 3-102 of Subchapter G of Chapter 3 of Title 48 of the Rules of the City of New York. The proposed rule amendments and repeal were published in The City Record on April 15, 2016, and a public hearing was held on May 16, 2016. 

 

Five members of the public attended the public hearing. No one testified at the public hearing concerning this rule amendment and repeal and OATH did not receive any written comments. 

 

Statement of Basis and Purpose

 

The Office of Administrative Trials and Hearings’ Environmental Control Board (OATH ECB) is centralizing and streamlining its hearings to make it more efficient for the public to have their cases heard.  As part of this process, OATH ECB is amending 48 RCNY §3-100, which instructs Hearing Officers to impose penalties set forth in OATH ECB’s rules, to instruct Hearing Officers to impose penalties set forth in the current or future rules of enforcement agencies.

 

In addition, OATH ECB is repealing its Air Code Penalty Schedule.  This schedule is found in 48 RCNY §3-102, and contains penalties for summonses issued by the New York City Department of Environmental Protection (DEP) for violations of the Air Code. At the same time, DEP will also enact a penalty schedule within its own rules at 15 RCNY Chapter 43. In the future, OATH ECB will repeal all penalty schedules in its rules at Subchapter G of Chapter 3 of Title 48 of the Rules of the City of New York (RCNY) so that they, like the Air Code Penalty Schedule, can be relocated to the rules of the agencies with primary rulemaking and policymaking jurisdiction over the laws underlying the violations. 

 

Although OATH ECB is empowered to impose penalties under the New York City Charter and has until now promulgated penalty schedules, the enforcement agencies have the expertise to recommend appropriate penalties based on the severity of each violation and its effect on City residents. Moving the penalty schedule will also make it easier for the public to find the penalties, which will be located within the same chapter as the rules supporting the violations alleged in the summonses. Finally, the rule repeal will speed up the rulemaking process by eliminating the need for OATH ECB approval of proposed or amended penalties for agency rules that have already gone through the City Administrative Procedure Act (“CAPA”) rulemaking process.  The public will still have the opportunity to comment on proposed penalties during this process.

 

 

[Deleted material is in brackets.]

New material is underlined.

 

“Shall” and “must” denote mandatory requirements and may be used interchangeably in the rules of this department, unless otherwise specified or unless the context clearly indicates otherwise


Section 1. Section 3-100 of Subchapter G of Chapter 3 of Title 48 of the Rules of the City of New York is amended to read as follows:

 

Whenever a respondent is found in violation of any [of the following provisions] provision of the New York City Administrative Code, Rules of the City of New York, New York City Health Code, New York State Public Health Law, New York Codes, Rules and Regulations, New York City Zoning Resolution, New York State Vehicle and Traffic Law, or New York State Environmental Conservation Law, and the summons (as defined in §6-01 of this Title) for such violation is returnable to the Environmental Control Board, any civil [penalties] penalty recommended by a Hearing Officer pursuant to §3-57(a) [and/or], any default [penalties] penalty imposed pursuant to §3-81(a) and in accordance with §1049-a(d)(1)(d) of the Charter, and[/or] any civil [penalties] penalty imposed for admissions of violation(s) pursuant to §3-32 or late admissions pursuant to §3-81(b) will be imposed pursuant to the [penalty schedules] Penalty Schedules set forth below. If no Penalty Schedule is contained in these rules, any such civil penalty and default penalty will be imposed pursuant to the Penalty Schedule contained in the rules of the agency with primary jurisdiction to enforce the provisions of law related to the violation alleged in the summons.

 

Please note that some of the penalties in the Penalty Schedules set forth below are established by law as flat penalties. Thus, for some of the penalties set forth below, no range of dollar amounts is set forth in the Administrative Code or other applicable law. However, solely for the convenience of the public, these flat penalties are included in the Penalty Schedules set forth below, to ensure, to the extent possible, that these Penalty Schedules are comprehensive.

§ 2. The Air Code Penalty Schedule, found in Section 3-102 of Subchapter G of Chapter 3 of Title 48 of the Rules of the City of New York, is REPEALED, effective May 6, 2016.

Effective Date: 
Fri, 07/08/2016

Proposed Rules: Closed to Comments

Agency:
Comment By: 
Monday, May 16, 2016
Proposed Rules Content: 

Statement of Basis and Purpose of Proposed Rule

 

 

The Office of Administrative Trials and Hearings’ Environmental Control Board (OATH ECB) is centralizing and streamlining its hearings to make it more efficient for the public to have their cases heard.  As part of this process, OATH ECB is proposing to amend 48 RCNY §3-100, which instructs Hearing Officers to impose penalties set forth in OATH ECB’s rules, to instruct Hearing Officers to impose penalties set forth in the current or future rules of enforcement agencies.

In addition, OATH ECB is repealing its Air Code Penalty Schedule.  This schedule is found in 48 RCNY §3-102, and contains penalties for summonses issued by the New York City Department of Environmental Protection (DEP) for violations of the Air Code. At the same time, DEP will also enact a penalty schedule within its own rules at 15 RCNY Chapter 43. In the future, OATH ECB will repeal all penalty schedules in its rules at Subchapter G of Chapter 3 of Title 48 of the Rules of the City of New York (RCNY) so that they, like the Air Code Penalty Schedule, can be relocated to the rules of the agencies with primary rulemaking and policymaking jurisdiction over the laws underlying the violations. 

Although OATH ECB is empowered to impose penalties under the New York City Charter and has until now promulgated penalty schedules, the enforcement agencies have the expertise to recommend appropriate penalties based on the severity of each violation and its effect on City residents. Moving the penalty schedule will also make it easier for the public to find the penalties, which will be located within the same chapter as the rules supporting the violations alleged in the summonses. Finally, the proposed rule repeal will speed up the rulemaking process by eliminating the need for OATH ECB approval of proposed or amended penalties for agency rules that have already gone through the City Administrative Procedure Act (“CAPA”) rulemaking process.  The public will still have the opportunity to comment on proposed penalties during this process.

Subject: 

Amendment of 48 RCNY 3-100 of ECB Rules of Procedure and Repeal of ECB Air Code Penalty Schedule.

Location: 
OATH ECB
66 John Street, 10th Floor Conference Room
New York, NY 10038
Contact: 

Elizabeth Nolan, OATH ECB, 66 John Street, 10th Floor, New York, NY 10038, (212) 436-0708.

Adopted Rules: Closed to Comments

Adopted Rules Content: 

 

Statement of Basis and Purpose of Rule

 

The purpose of the rule is to repeal rules and Reference Standards that are now addressed in the New York City Building or Electrical Codes.  The rules and Reference Standards to be repealed relate to:

 

·         the erection and dismantling of climber/tower cranes (1 RCNY § 6-01);

·         the commencement of demolition and heavy and light duty sidewalk sheds (1 RCNY § 8-01);

·         signs at demolition or construction sites (1 RCNY § 27-03);

·         advisory signs required on construction sites (1 RCNY § 27-04);

·         impact resistant stair and elevator shaft enclosures (1 RCNY § 403-01); and

·         fire alarm wiring and power sources (1 RCNY § 4000-06)

·         power-actuated fastening systems-safety requirements during construction operations (RS 19-1) and

·         the use of safety nets during construction operations (RS 19-4).

 

The Department of Buildings’ authority for these rules is found in sections 643 and 1043 of the New York City Charter and section 28-103.19 of the New York City Administrative Code.

 

New material is underlined.

[Deleted material is in brackets.]

 

 

Effective Date: 
Mon, 01/04/2016

Adopted Rules: Closed to Comments

Adopted Rules Content: 

Statement of Basis and Purpose of Final Rules

 

The New York City Fire Code was extensively revised by Local Law No. 148 of 2013. This final rule repeals ten sections of the Fire Department’s rules (as codified in Title 3 of the Rules of the City of New York), in whole or in part, the content of which was incorporated into the Fire Code by Local Law 148.

 

Six Fire Department rules and tables of contents have been amended in conjunction with such repeal and the renumbering of Fire Code sections by Local Law 148.

 

The Fire Department rules repealed and the Fire Code sections replacing them are as follows:

 

Fire Department Rule

2014 Fire Code Section

3 RCNY §104-04, entitled “Modification of Rules”

FC104.8

3 RCNY §301-01, entitled “Boatyards, Marinas and Similar Facilities””(subdivisions (c),(d) and (e))

FC319

3 RCNY §603-01 entitled “Fuel-Oil Transfer Supervision and Maintenance”

FC 601.4.1 and 603.1.9

3 RCNY §901-03 entitled “Portable Fire Extinguisher Sales”

FC901.6.3.2

3 RCNY §906-01 entitled “Portable Fire Extinguishers for Cranes”

FC1415.1(4)

3 RCNY §906-02 entitled “Portable Fire Extinguishers for Fuel Oil-Burning Equipment”

FC603.3.1

3 RCNY §2801-01 entitled “Aerosols”

FC2801.3

3 RCNY §3405-02 entitled “Storage, Handling and Use of Concentrated Alcohol-Based Hand Rubs”

FC2701.1

FC3405.5

3 RCNY §3501-01 entitled “Acetylene”

FC3501.5(2)

3 RCNY §3601-01 entitled “Flammable Solids”

FC3601.4

 


The Fire Department rules amended to make editorial changes are as follows:

 

Fire Department Rule

Revision/Reason

Subdivision (c) of 3 RCNY §202-01 entitled “Definitions”

Repeal of definition of “Concentrated alcohol-based hand rub” consistent with the repeal of 3 RCNY §3405-02.

3 RCNY Chapter 3 table of contents

Amended consistent with the partial repeal of 3 RCNY §301-01, the addition of a new section, 3 RCNY §307-01, and new Fire Code Sections 316-324.

3 RCNY Chapter 6 table of contents

Amended consistent with the repeal of 3 RCNY §603-01.

3 RCNY Chapter 9 table of contents

Amended consistent with the repeal of 3 RCNY §§901-03, 906-01 and 906-02.

Subdivision (c) of 3 RCNY §2208-02 entitled “Self-Service Compressed Natural Gas Motor Fuel-Dispensing Facilities”

Amended consistent with renumbered Fire Code section.

3 RCNY Chapter 28 table of contents

Amended consistent with the repeal of 3 RCNY §2801-01.

3 RCNY Chapter 34 table of contents

Amended consistent with the repeal of 3 RCNY §3405-02.

3 RCNY Chapter 35 table of contents

Amended consistent with the repeal of 3 RCNY §3501-01 and the renumbering of Fire Code sections.

3 RCNY §3507-01 entitled “Compressed Natural Gas”

Amended consistent with renumbered Fire Code section.

3 RCNY §3508-01 entitled “Sanitary Landfill Methane Gas Recovery Facilities”

Amended consistent with renumbered Fire Code section.

Subdivisions (d), (e) and (f) of 3 RCNY §4601-01 entitled “New and Amended Fees”

Repeal of fees now incorporated into Appendix A of the Fire Code.

Subdivision (b) of 3 RCNY §4702-01 entitled “National Fire Protection Association Referenced Standards”

Repeal of National Fire Protection Association standard modifications now incorporated, with updates, into Appendix B of the Fire Code.

 

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

 

New material is underlined.  Material to be deleted is in [brackets].

 

“Shall” and “must” denote mandatory requirements and may be used interchangeably in the rules of this department, 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: 
Wed, 07/01/2015

Proposed Rules: Closed to Comments

Agency:
Comment By: 
Friday, April 24, 2015
Proposed Rules Content: 

Statement of Basis and Purpose of Proposed Rule

 

The New York City Fire Code was extensively revised by Local Law 148 of 2013. The Fire Department is proposing the repeal of ten sections of the Fire Department’s rules (as codified in Title 3 of the Rules of the City of New York), in whole or in part, the content of which were incorporated into the Fire Code by Local Law 148.  Six Fire Department rules and tables of contents are proposed to be amended in conjunction with such repeal and the renumbering of Fire Code sections by Local Law 148.

 

The Fire Department rules that are proposed to be repealed and the Fire Code sections that replace them are as follows:

 

Fire Department Rule

2014 Fire Code Section

3 RCNY §104-04, entitled “Modification of Rules”

FC104.8

3 RCNY §301-01, entitled “Boatyards, Marinas and Similar Facilities””(subdivisions (c),(d) and (e))

FC319

3 RCNY §603-01 entitled “Fuel-Oil Transfer Supervision and Maintenance”

FC 601.4.1 and 603.1.9

3 RCNY §901-03 entitled “Portable Fire Extinguisher Sales”

FC901.6.3.2

3 RCNY §906-01 entitled “Portable Fire Extinguishers for Cranes”

FC1415.1(4)

3 RCNY §906-02 entitled “Portable Fire Extinguishers for Fuel Oil-Burning Equipment”

FC603.3.1

3 RCNY §2801-01 entitled “Aerosols”

FC2801.3

3 RCNY §3405-02 entitled “Storage, Handling and Use of Concentrated Alcohol-Based Hand Rubs”

FC2701.1

FC3405.5

3 RCNY §3501-01 entitled “Acetylene”

FC3501.5(2)

3 RCNY §3601-01 entitled “Flammable Solids”

FC3601.4

 


The following Fire Department Rules are proposed to be amended to make the editorial changes indicated:

 

Fire Department Rule

Revision/Reason

Subdivision (c) of 3 RCNY §202-01 entitled “Definitions”

Repeal of definition of “Concentrated alcohol-based hand rub” consistent with proposed repeal of 3 RCNY §3405-02.

3 RCNY Chapter 3 table of contents

Amended consistent with proposed partial repeal of 3 RCNY §301-01, the addition of a new section, 3 RCNY §307-01, and new Fire Code Sections 316-324.

3 RCNY Chapter 6 table of contents

Amended consistent with proposed repeal of 3 RCNY §603-01.

3 RCNY Chapter 9 table of contents

Amended consistent with proposed repeal of 3 RCNY §§901-03, 906-01 and 906-02.

Subdivision (c) of 3 RCNY §2208-02 entitled “Self-Service Compressed Natural Gas Motor Fuel-Dispensing Facilities”

Amended consistent with renumbered Fire Code section.

3 RCNY Chapter 28 table of contents

Amended consistent with proposed repeal of 3 RCNY §2801-01.

3 RCNY Chapter 34 table of contents

Amended consistent with proposed repeal of 3 RCNY §3405-02.

3 RCNY Chapter 35 table of contents

Amended consistent with proposed repeal of 3 RCNY §3501-01 and the renumbering of Fire Code sections.

3 RCNY §3507-01 entitled “Compressed Natural Gas”

Amended consistent with renumbered Fire Code section.

3 RCNY §3508-01 entitled “Sanitary Landfill Methane Gas Recovery Facilities”

Amended consistent with renumbered Fire Code section.

Subdivisions (d), (e) and (f) of 3 RCNY §4601-01 entitled “New and Amended Fees”

Repeal of fees now incorporated into Appendix A of the Fire Code.

Subdivision (b) of 3 RCNY §4702-01 entitled “National Fire Protection Association Referenced Standards”

Repeal of National Fire Protection Association standard modifications now incorporated, with updates, into Appendix B of the Fire Code.

 

The Fire Department’s authority for this rule is found in Sections 489 and 1043 of the New York City Charter and Section FC102.6.3 of the New York City Fire Code.

 

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.

 

New material is underlined.  Material to be deleted is in [brackets].

 

“Shall” and “must” denote mandatory requirements and may be used interchangeably in the rules of this department, 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.

 

Keywords:
Subject: 

Rule Repeals

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

No contact

Proposed Rules: Closed to Comments

Agency:
Comment By: 
Tuesday, August 19, 2014
Proposed Rules Content: 

 

 

Statement of Basis and Purpose

 

Exception 17 of Section 28-101.4.3 of the New York City Administrative Code (“Optional use of the 1968 building code for work on prior code buildings”) states that, “The installation of and work on emergency and standby power systems shall comply with section 2702.1 of the New York city building code.”

 

Such installation and work, therefore, may not be performed on prior code buildings in accordance with the requirements and standards set forth in the 1968 building code or a code in effect prior to December 6, 1968.1 RCNY 12-01 is a rule that implements Article 11 of Subchapter 6 of Chapter 1 of Title 27 of the Administrative Code (“Emergency Power”), a 1968 building code provision.

 

While drafting Local Law 141 of 2013, which establishes the 2014 NYC Construction Codes, the Department reviewed 1 RCNY 12-01 (“Emergency Power System Requirements”) and folded all pertinent equipment, design and construction requirements for emergency power systems, which were missing from Chapter 27 of the 2008 NYC Building Code, into Chapter 27 of the 2014 NYC Building Code.

 

It was also determined that the technical requirements for emergency power systems contained in this rule are obsolete or have already been superseded by the Department’s adoption of referenced standards NFPA 70, 110 and 111 in the 2008 NYC Building Code.

 

Therefore, the Department is proposing to repeal 1 RCNY 12-01 in its entirety.

 

 

Section 12-01 of Chapter 12 of Title 1 of the Rules of the City of New York, relating to requirements for emergency power systems, is REPEALED.

Subject: 

.

Location: 
Department of Buildings
280 Broadway, 3rd floor conference room
New York, NY 10007
Contact: 

No contact

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