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Adopted Rules: Closed to Comments

Adopted Rules Content: 

 

 

Statement of Basis and Purpose

 

 

This rule is promulgated pursuant to the authority of the Commissioner of Buildings under Sections 643 and 1043(a) of the New York City Charter and section 28-305.4 of the New York City Administrative Code.

 

Section 28-305.4 requires regular inspections of retaining walls that are 10 feet or higher, and that face a public right-of-way, such as a sidewalk or entrance. The section allows the Commissioner to 1) establish staggered assessment cycles for retaining walls, and 2) to promulgate rules specifying what constitutes a condition assessment, which is an examination conducted by a qualified retaining wall inspector to review the parts of the wall and its safety and maintenance conditions.

 

This rule enhances public safety by identifying conditions before they become hazards. The rule:

 

  • Adds filing fees for required retaining wall inspection reports;
  • Sets out who can perform a condition assessment;
  • Specifies which elements of the wall must be assessed;
  • Sets out what type of information must be in the report;
  • Creates staggered reporting cycles by borough;
  • Sets out the actions to take where there is an unsafe condition or a safe condition that needs repair; and
  • Creates civil penalties for failure to file an acceptable condition assessment report.

 

 

Effective Date: 
Wed, 07/24/2013

Adopted Rules: Closed to Comments

Adopted Rules Content: 

 

 

Statement of Basis and Purpose

 

This rule is promulgated pursuant to the authority of the Commissioner of Buildings under Sections 643 and 1043(a) of the New York City Charter and section 28-216.12 of the New York City Administrative Code.

 

Section 28-216.12.1 of the Administrative Code created a requirement that potentially structurally compromised buildings be inspected regularly by a registered design professional.

 

Pursuant to Section 28-216.12.1, this rule:

 

          adds a filing fee for required reports of compromised buildings;

          expands on the definition of "potentially compromised" in section 28-216.12;

          specifies the inspection requirements for potentially structurally compromised buildings;

          sets out the items that need to be included in the inspection report; and

          creates civil penalties for failure to file a report.

 

 

Effective Date: 
Wed, 07/24/2013

Adopted Rules: Closed to Comments

Adopted Rules Content: 

 

 

Statement of Basis and Purpose

 

The following rule amendments are promulgated pursuant to the authority of the Commissioner of Buildings under Sections 643 and 1043(a) of the New York City Charter and Article 302 of Title 28 of the New York City Administrative Code. Article 302 requires inspection, maintenance, repair and reporting of the conditions of exterior walls (façades).

 

With these amendments to the rule regarding the periodic inspection of facades of buildings greater than 6 stories, the Department is addressing some administrative issues that are not covered in the current requirements. The amendments:

 

  • Delete the prohibition on designating the condition of an air conditioner as Safe with a Repair and Maintenance Program (SWARMP). These automatic "unsafe" designations were being applied to the entire building even where the only issue was a minor air conditioner defect. This deletion will allow air conditioner conditions to be designated as SWARMP.

 

  • Add a requirement that the Qualified Exterior Wall Inspector (QEWI) must inspect the structural soundness and connections of the balcony enclosures even if a report for cycle seven, which runs from February 21, 2010, to February 20, 2015, has been filed for the building. A recent balcony accident highlighted that many balcony railings are uninspected and may be unsafe. With this rule, the Department specifically requires all owners to check periodically the adequacy and structural integrity of all of their balcony railings. This new provision in no way affects the existing requirement to check periodically the adequacy of all aspects of the façade and its appurtenances.

 

  • Clarify that if the QEWI does not file a report within 60 days of a critical examination, a new examination is required. This will ensure the information on the report is recent and accurate.

 

  • Allow the Department to charge a new, separate filing fee that owners must pay to the Department's Facade Unit. If the Department has rejected a façade inspection report twice previously, the Department will review it completely upon the third resubmission. The fee covers the administrative cost of that third review of the report.

 

  • Fix some minor citation issues.

 

 

Effective Date: 
Fri, 05/17/2013

Proposed Rules: Closed to Comments

Agency:
Comment By: 
Thursday, January 10, 2013
Proposed Rules Content: 

 

 

STATEMENT OF BASIS AND PURPOSE

 

 

The following rule amendments are proposed pursuant to the authority of the Commissioner of Buildings under Sections 643 and 1043(a) of the New York City Charter and Article 302 of Title 28 of the New York City Administrative Code. Article 302 requires inspection, maintenance, repair and reporting of the conditions of exterior walls(fayades).

 

With these proposed amendments to the rule regarding the periodic inspection offacades of buildings 7 stories or higher, the Department is addressing some administrative issues that are not covered in the current requirements . The proposed amendments would do the following :

 

·       Delete the prohibition on designating the condition of an air conditioner as Safewith a Repair and Maintenance Program (SWARMP) . These automatic "unsafe"designations were being applied to the entire building even where the only issue was a minor air conditioner defect. This deletion will allow air conditioner conditions to be designated as SWARMP and repaired in the next cycle.

 

·        Add a requirement that the Qualified Exterior Wall Inspector (QEWI) must inspect the structural soundness and connections of the balcony enclosures even if a report for cycle seven, which runs from February 21, 2010 to February 20, 2015, has been filed for the building. A recent balcony accident highlighted that many balcony railings are uninspected and may be unsafe. With this rule, the Department specifically requires all owners to periodically check the adequacy and structural integrity of all of their balcony railings.

 

·       Clarify that if the QEWI does not file a report within 60 days of a criticalexamination, a new examination is required. This will ensure the information onthe report is recent and accurate.

 

·       Allow the Department to charge a new, separate filing fee that owners must pay to the Department's Facade Unit. If the Department has rejected a fayade inspection report twice previously, the Department will review it completely upon the third resubmission. The fee covers the administrative cost of that third review of the report.

 

·       Fix some minor citation issues.

 

 

 

Subject: 

Opportunity to comment on proposed amendments to rule 103-04 relating to facade inspections

Location: 
Department of Buildings
280 Broadway 6th Floor
New York, NY 10007
Contact: 

Timothy D. Lynch, P.E.
Executive Director
Forensic Engineering Unit
New York City Department of Buildings
280 Broadway, 4th floor
New York, NY 10007

Download Copy of Proposed Rule (.pdf): 

Proposed Rules: Closed to Comments

Agency:
Comment By: 
Tuesday, May 28, 2013
Proposed Rules Content: 

 

 

STATEMENT OF BASIS AND PURPOSE

 

 

 

This rule is proposed pursuant to the authority of the Commissioner of Buildings under Sections 643 and 1043(a) of the New York City Charter and section 28-305.4 of the New York City Administrative Code.

 

Section 28-305.4 requires regular inspections of retaining walls that are 10 feet or higher, and that face a public right-of-way, such as a sidewalk or entrance. The section allows the Commissioner to 1) establish staggered assessment cycles for retaining walls, and 2) to promulgate rules specifying what constitutes a condition assessment, which is an examination conducted by a qualified retaining wall inspector to review the parts of the wall and its safety and maintenance conditions.

 

This proposed rule will enhance public safety by identifying conditions before they become hazards. The rule will:

 

·         Add filing fees for required retaining wall inspection reports;

·         Set out who can perform a condition assessment;

·         Specify which elements of the wall must be assessed;

·         Set out what type of information must be in the report;

·         Create staggered reporting cycles by borough;

·         Set out the actions to take where there is an unsafe condition or a safe condition that needs repair; and

·         Create civil penalties for failure to file an acceptable condition assessment report.

 

Subject: 

Opportunity to comment on proposed rule relating to retaining wall inspections, filing requirements, penaltyies, and waivers.

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

Timothy D Lynch, P.E. Executive Director
Forensic Engineering Unity New York City Department of Buildings
280 Broadway, 4th Floor New York, NY 10007