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Proposed Rules: Open to Comments

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Comment By: 
Wednesday, November 6, 2019
Proposed Rules Content: 

Statement of Basis and Purpose of Proposed Rules

The Stormwater Penalty Schedule (Title 15, Chapter 55 of the Rules of the City of New York) became effective on June 1, 2019. The Stormwater Penalty Schedule establishes penalties for violations of Title 15, Chapter 19.1 of the Rules of the City of New York (the “Stormwater Rules”, which also became effective on June 1, 2019).
Since the Stormwater Penalty Schedule went into effect, DEP has decided that the Schedule should be clarified to establish that violations of the Stormwater Rules may be settled by stipulation – meaning admission of the violation and agreement to pay a penalty. The proposed rule defines the term “stipulation” and establishes civil penalties to be imposed for stipulations.


Stormwater Penalty Schedule

NYC Department of Environmental Protection
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Download Copy of Proposed Rule (.pdf): 

Adopted Rules: Closed to Comments

Adopted Rules Content: 



Statement of Basis and Purpose


The rule amends 1 RCNY §102-01 by adding approximately twenty-one new infractions and updating several others.  The new violations relate to: 

  • ·         Illegal residential conversions;
  • ·         Monitoring occupied multiple dwellings with permits for alteration or addition;
  • ·         Inspections of tenant protection plans
  • ·         Pre-shift safety meetings for workers at construction sites;
  • ·         Site-specific safety orientations for workers at construction sites
  • ·         Construction site safety training 

The Department of Buildings’ authority for these rules is found in Section 643 and 1043(a) of the New York City Charter and section 28-201.2 of the Administrative Code of the City of New York. 

This rule is exempt from review under Charter Section 1043(d), pursuant to Section 1043(d)(4). 

New material is underlined.

[Deleted material is in brackets.]


Effective Date: 
Sat, 11/10/2018

Proposed Rules: Closed to Comments

Comment By: 
Tuesday, August 15, 2017
Proposed Rules Content: 



Statement of Basis and Purpose of Proposed Rule


The Fire Department is proposing to amend existing rules 3 RCNY §§ 109-01 and 109-02 to reflect changes in the administrative body that adjudicates most Fire Department violations and to the name of the violation form returnable to that body. The Fire Department is also proposing to adopt a penalty schedule as a new Fire Department rule, 3 RCNY §109-03.


The Fire Department is responsible for enforcing the New York City Fire Code (FC) (Title 29 of the Administrative Code); Title 15 of the Administrative Code (Fire Prevention and Control); the New York City Construction Codes (Title 28 of the Administrative Code); and the rules promulgated by the Department and codified in Title 3 of the Rules of the City of New York (“RCNY”).


The Fire Department conducts enforcement by, among other things, issuing “FDNY Summonses” to people and businesses that violate the above laws and rules. FDNY Summonses are returnable to the New York City Office of Administrative Trials and Hearings (“OATH”) acting pursuant to Section 1049-a of the New York City Charter, which relates to the Environmental Control Board (“ECB”). In 2008, ECB became part of OATH.  The new procedural rules of OATH’s Hearings Division, found in Chapter 6 of the Rules of the City of New York, use the term “Summons” rather than “Notice of Violation.”


Accordingly, to reflect the changes described above, the Fire Department now proposes conforming amendments to Sections 109-01 and 109-02 of its rules.


Additionally, the Fire Department’s penalty schedule used in the adjudication of agency violations, which defines the penalties associated with each type of violation of the above laws and rules, will now be included in the Fire Department’s rules. The Department’s penalty schedule is currently promulgated as part of the OATH rules, and that rule will be repealed by OATH simultaneous with the Fire Department’s adoption of this rule.


The enforcement agencies possess the expertise to adopt appropriate penalties based upon the severity of each violation and its corresponding impact on public safety.  Making the penalty schedule part of the issuing agency’s rules will make it more accessible to the public as it will now be located in the same title and chapter as the rules cited in the FDNY Summonses.


Accordingly, the Fire Department hereby proposes adoption of a new rule, 3 RCNY §109‑03, which sets forth a penalty schedule for FDNY Summonses.  The proposed penalty schedule is unchanged from the existing penalty schedule, which is currently codified as 48 RCNY §3‑106 of OATH rules, except that the violation categories for flashback arrestor, backflow valves and gas boosters (BF34) and for cryogenic fluids (BF36) have been eliminated.  Such violations will be integrated into the applicable Violation Categories in a separate rulemaking.


The Fire Department’s proposed adoption of the penalty schedule is being undertaken in conjunction with OATH’s proposed repeal of the existing penalty schedule.


Text that has been deleted is indicated by [brackets].  Text that has been added 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.


Amendments to 3RCNY Section 109-01: FDNY Summons, Certification of Correction and Stipulation Procedures
Amendments to 3RCNY Section109-02: Consolidation of Administrative Code Provisions For Enforcement Purposes
Propose New Rule 3RCNY Section 109-03: Penalty Schedule For FDNY Summonses

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