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Department of Buildings
Codified Title: 
Title 1: Department of Buildings

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 amendments to section 104-06 and section 3314-01 and new section 105-03 of Title 1 of the Rules of the City of New York are adopted pursuant to the authority of the Commissioner of Buildings under Sections 643 and 1043(a) of the New York City Charter.

 

A number of provisions of the Administrative Code of the City of New York and Title 1 of the Rules of the City of New York require that individuals in the construction trades (identified below) take Department-approved courses as part of trade license qualification, license renewal and worker training:

 

·         Concrete Safety Manager- Building Code ("BC") 3310.9 (qualification) of the NYC Administrative Code ("Admin Code"); Section 104-06 of Title 1 of the Rules of the City of New York ("RCNY") (continuing education)

·         Hoist Machine Operator- 1 RCNY 104-09 (qualification) and 1 RCNY 104-06 (continuing education)

·         Site Safety Manager- Admin Code 28-402.2 (qualification) and 1 RCNY 104-06 (continuing education)

·         Site Safety Coordinator- Admin Code 28-403.2 (qualification) and 1 RCNY 104-06 (continuing education)

·         Rigger-Admin Code 28-404.3 and 1 RCNY 104-06 (continuing education)

·         Filing Representative- Admin Code 28-416.3 (qualification) and 1 RCNY 104-06 (continuing education)

·         Construction Superintendent- 1 RCNY 104-06 (continuing education)

·         Electrician-Admin Code 27-3015(a)(4) and 1 RCNY 104-06 (continuing education)

·         Master Plumber- 1 RCNY 104-06 (continuing education)

·         Master Fire Suppression Piping Contractor- 1 RCNY 104-06 (continuing education)

·         Supported Scaffold Worker-  BC 3314.4 (training)

·         Suspended Scaffold Supervisor-  1 RCNY 9-01 (training)

·         Suspended Scaffold User- 1 RCNY 9-03 (training)

·         Mast-Climbing work platform- BC 3314-01 (training)

 

The new section 105-03 outlines the requirements of Department-approved courses so that course providers are aware of the process and conditions for approval and revocation of the approval. Qualified course providers are required to submit an application for Department approval of the course they wish to provide. Once the course is approved, the course providers must comply with the rule requirements and issue completion cards or certificates of completion to attendees who have completed the approved courses.

 

The Department amends section 104-06, regarding licensee continuing education requirements, by moving the course content and approval requirements to the new section 105-03, where they are more appropriately placed. Additionally, the date for Electricians to complete their continuing education requirements is being extended to give them more time to comply with the new continuing education requirements of this rule. Section 104-06 is also amended to allow for the acceptance of some types of course credit for classes completed by electricians in other jurisdictions.

 

The Department amends section 3314-01, regarding mast-climbing work platforms, changing the required period for training providers to retain records of course attendees from six years to seven years. This change makes the rule consistent with the record retention requirements for course providers in the new section 105-03.

 

 

Effective Date: 
Sun, 09/15/2013

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, Article 308 of the New York City Administrative Code and 1 RCNY 103-07.

 

Article 308 of the Administrative Code requires an energy efficiency audit to be performed by an energy auditor or a retro-commissioning agent and a report to be filed by building owners every ten years. 1 RCNY 103-07 sets out the requirements for those energy auditors and retro-commissioning agents, including a registration requirement for those who are not registered design professionals.

 

The amendment adds fees for initial registration of those energy auditors and retro-commissioning agents, as well as for registration renewal. These fees will cover the administrative costs incurred by the Department in registering and renewing the registration of these individuals.

 

In accordance with section 1043(d)(4) of the New York City Charter, a review of this rule pursuant to Local Law 46 of 2010 was not performed .

 

 

Effective Date: 
Sat, 10/19/2013

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 of the New York City Charter and Section 28-1 03.19 of the New York City Administrative Code.

 

The current reference standard American Society of Civil Engineers ("ASCE") 24, as modified by Section BC G501 .1 of the New York City Building Code, does not mandate freeboard above the Base Flood Elevation ("BFE") for buildings in Structural Occupancy Category I or II. This rule will amend this reference standard so as to require freeboard of up to two feet for these categories of buildings, depending on the type of building and the type of flood risk.

 

As defined in the regulations of the Federal Emergency Management Agency relating to the National Flood Insurance Program, 44 C.F.R. 59.1, the term "freeboard" means a factor of safety usually expressed in feet above a flood level for purposes of flood plain management. Freeboard tends to compensate for the many unknown factors that could contribute to flood heights greater than the height calculated for a selected size flood and floodway conditions, such as wave action, bridge openings, and the hydrological effect of urbanization of the watershed.

 

As per Section BC G201.2 of the New York City Building Code, the BFE is the elevation of the flood having a 1-percent chance of being equaled or exceeded in any given year.

 

In accordance with Table 1-1 of ASCE 24, as modified by Section BC G501.1 , buildings in Structural Occupancy Category I or II include the majority of new construction in New York City, including 1- and 2-family dwellings, apartment houses, retail stores, and office buildings.

 

This rule will require freeboard for new, substantially damaged or substantially improved buildings that are located in areas of special flood hazard. The rule will bring the New York City Building Code into alignment with the latest edition of New York State Uniform Fire Prevention and Building Code (201 0) by requiring two feet of freeboard for 1- and 2-family dwellings, and into alignment with the latest edition of ASCE 24 (2005) by requiring one or two feet of freeboard for other Structural Occupancy Category II buildings and for Structural Occupancy Category I buildings with certain flood risks.

 

This rule will result in new construction and substantial improvements that exceed the BFE, preventing loss of life, property and business interruption in cases of flooding.

 

 

Finding of Imminent Threat Pursuant to New York City Charter Section 1043(i)(1)

 

IT IS HEREBY CERTIFIED that the immediate effectiveness of this emergency rule relating to the level above the base flood elevation to which new, substantially damaged or substantially improved buildings must be designed and constructed is necessary to prevent an immediate threat to health, safety and property, by addressing the recent devastation wrought by a severe storm ("Hurricane Sandy") and the immediate reconstruction efforts that are currently underway. I hereby make the following finding of immediate threat to health, safety and property necessary to establish that an emergency rulemaking is required in relation to the protection of health, safety and property.

 

On October 28th and 29th, Hurricane Sandy brought unprecedented flooding and destruction to many parts of the city. The flooding levels were by all accounts several feet higher than the base flood elevation estimated by FEMA. However, the current requirements for reconstruction of most buildings damaged or destroyed requires flood protection only as high as FEMA's base flood elevation.

 

Applications for building permits to reconstruct the buildings damaged or destroyed by Hurricane Sandy have already begun to be filed with the department, and many more applications are anticipated to be filed in the coming months. If these permits are issued and the buildings constructed under the current requirements, these completed buildings would not be protected against future flooding events similar to Hurricane Sandy. Further, these buildings would be deemed noncompliant with the increased base flood elevations anticipated in the revised final flood insurance rate maps to be issued by FEMA by the end of 2013.

 

IT IS THEREFORE HEREBY CERTIFIED that the immediate effectiveness of a rule relating to the level above the base flood elevation to which new, substantially damaged or substantially improved buildings must be designed and constructed is necessary to address an immediate threat to health, safety and property.

 

 

Effective Date: 
Thu, 01/31/2013

Adopted Rules: Closed to Comments

Adopted 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 sections 28-401. 7 and 28-401.8 of the New York City Administrative Code.

 

Currently, the Department of Citywide Administrative Services administers examinations and conducts investigations for most licenses. The Department of Buildings will be taking over the examinations and investigations for those licenses it issues. This rule sets out the fees for these examinations and investigations.

 

Effective Date: 
Sun, 12/16/2012

Adopted Rules: Closed to Comments

Adopted Rules Content: 

 

 

Statement of Basis and Purpose

 

These rule amendments are pursuant to the authority of the Commissioner of Buildings under sections 643 and 1043(a) of the New York City Charter and sections 28-201.2, 28-201.2.1, and 28-202.1 of the New York City Administrative Code, and in accordance with section 28-210.3 of the Administrative Code.

 

Local Law 45 of 2012 makes it illegal to use, occupy, convert, or offer or permit the use of a permanent residential apartment space for other than permanent residence purposes. Such illegal uses include but are not limited to converting a permanent residence into a short-stay hotel room. Local Law 45 also directs that illegal conversions that involve more than one residential unit or a second or subsequent violation by the same person at the same unit or multiple dwelling are to be classified as immediately hazardous (Class 1) violations.

 

The amendments:

 

  • Add two new entries for violations of section 28-210.3: the first classifies a violation involving more than one unit or a second or subsequent violation as an immediately hazardous (Class 1) violation; the second classifies a first violation involving one dwelling unit as a major (Class 2) violation.

 

  • Add a new, additional daily penalty for Class 1 violations of section 28-210.3.

 

 

Effective Date: 
Fri, 03/29/2013

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, section 28-308.4 of the New York City Administrative Code, 1 RCNY 103-07 and section 103.3 of the New York City Energy Code. 

Section 28-308.4 of the Administrative Code requires an energy efficiency report to be filed by building owners every ten years. That section also allows the owner to apply for an extension of time to file the report. 1 RCNY 103-07 provides for a fee to be charged for filing energy efficiency reports. 

Section 103.3 of the Energy Code provides for department examination of construction documents to determine whether they are in compliance with the requirements of the Energy Code. 

The amendments: 

  • ·         Add fees for initial filings, extensions and amendments of energy efficiency reports.
  • ·         Add fees for Energy Code compliance reviews.

 

 

 

Effective Date: 
Sun, 03/31/2013

Adopted Rules: Closed to Comments

Adopted 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.

 

 

On December 28, 2009, the Mayor signed local law 87 requiring the owners of covered buildings, as defined in the law, including city-owned buildings, to perform energy audits and retrocommissioning and file energy efficiency reports with the department.

 

 

The law also requires the department to specify the information to be contained in the reports. The proposed rule sets out procedures for energy audits, retrocommissioning, and for filing energy efficiency reports. The proposed rule also establishes a penalty for failure to file an energy efficiency report, classifies such failure to file as a class 2 violation, and provides a process to challenge the penalty.

 

 

The proposed rule sets out qualifications for energy auditors and retrocommissioning agents along with registration requirements for those individuals who are not registered design professionals.

 

 

Effective Date: 
Sat, 10/13/2012

Adopted Rules: Closed to Comments

Adopted Rules Content: 

 

 

Statement of Basis and Purpose of Adopted Rule

 

The following rule is promulgated pursuant to the authority of the Commissioner of Buildings under Sections 643 and 1043 of the New York City Charter.

 

In promulgating this rule, the Commissioner is exercising the authority set forth in Section 28-416.3 of Article 416 of the New York City Administrative Code, which states, "The commissioner shall promulgate rules for the proper and efficient administration and enforcement of this article. Unless required by rule, a registered filing representative shall not be required to take an examination or to complete continuing education courses as a condition for renewal of the registration." This authority is being exercised at this time to meet the needs of the construction industry and the Department for qualified registered filing representatives.

 

The construction industry, including architects, engineers, contractors and owners, often use the services of registered filing representatives to present, submit, furnish and/or seek approval of applications or construction documents, and to remove documents from the possession of the Department of Buildings ("DOB"). These construction documents are then reviewed by DOB plan examiners and/or other DOB technical staff who may issue objections if the construction documents do not comply with the Construction Codes, zoning or other applicable laws, or other relevant rules or requirements. These objections should be addressed by persons with some threshold knowledge of the construction documents and the applicable procedures and requirements. Sometimes the person who presents, submits, or furnishes the documents is not qualified or prepared to address the objections issued by the plan examiner or other technical staff. In such instances, the approval process is delayed.

 

To eliminate this problem and ensure the efficient processing of construction documents, DOB is adopting a rule that creates training, education, filing experience and continuing education requirements for registered filing representatives. These requirements will create two classes of registered filing representative:

  • Class 2 Registered Filing Representatives, who will be permitted to present, submit, furnish or seek approval of applications or construction documents, and remove documents from the possession of DOB, and who will be qualified to meet with plan examiners and other technical staff to address objections; and,
  • Class 1 Registered Filing Representatives, who will be limited to presenting, submitting, furnishing or seeking approval of applications or construction documents, and removing documents from the possession of DOB.

 

By creating these two classes of registered filing representatives, the rule will:

  • Assist the Department, the construction industry, and the public in identifying qualified individuals to support their filings; and
  • Expedite the approval process by ensuring that only qualified registered filing representatives appear before plan examiners and other technical staff to address objections.

 

For those individuals who do not have the academic requirements to qualify for class 2 status, the rule provides a two-month window of opportunity (May 1- June 30, 2013) in which such individuals will be eligible to register as class 2 representatives based solely on their years as a registered filing representative with DOB and number of jobs filed with DOB.

 

The rule also restates the existing fee structure set forth in Section 28-401.15 of Article 401 of the New York City Administrative Code to align with the triennial filing representative registration term.

 

In addition, the rule amends Section 104-03 of the Rules of the City of New York to provide that, beginning July 1, 2014, the term of a filing representative's registration will be three years, beginning on the applicant’s birthday following the date of registration, and that the registration may be renewed for terms of three years. Section 104-03 is also being amended to clarify that the term of a general contractor registration is three years, beginning on the applicant's birthday following the date of registration, and that the term of a master electrician or special electrician license is one year, beginning on the applicant's birthday following the date of issuance.

 

A public hearing on this rule was held on October 4, 2012. In response to comments received, the Department has made the following changes and clarifications to the following provisions of the rule:

  • Subdivision (a) of Section 104-24: added a reference to Section 28-416.2 of the New York City Administrative Code, which sets forth a list of persons exempt from filing representative registration.
  • Subdivision (b)(3) of Section 104-24: added a definition of the term "Job."
  • Subdivision (c) of Section 104-24: clarified who constitutes "department technical staff."
  • Subdivision (d) of Section 104-24: added a requirement that beginning May 1, 2013, those seeking class 1 filing representative status must complete a department-approved, integrity training prior to registration.
  • Subdivision (f) of Section 104-24: clarified when a class 2 representative can appear/attend appointments at the NYC Development Hub.
  • Subdivision (g) of Section 104-24: eased the registration requirements for class 2 applicants and made changes to dates at which the new requirements will begin to apply:
    • The final rule does not require the completion of a thirty-six hour training course until 2014. The proposed rule required completion of such course by 2013.
    • The final rule imposes certain registration requirements beginning May 1, 2013, while the proposed rule imposed them beginning on April 1, 2013. This change was made to conform with Section 28-401.12 of the New York City Administrative Code, which states that applications for renewals of licenses shall be made no more than 60 calendar days prior to the expiration date of such license.
    • Subdivision (g)(1 )(i)(B) & (g)(2)(i)(B) of Section 104-24: For applicants submitting proof of a four year degree other than in Architecture or Engineering, the final rule lessened the requirements from 4 years of filing experience with at least 100 jobs within 6 years of application for registration, to 2 years as a registered filing representative with at least 50 jobs within 4 years of application for class 2 filing representative status.
    • Subdivision (g)(1 )(i)(C) of Section 104-24: During the two-month window for registration without submission of proof of academic degree, the final rule lessened requirements from 8 years of filing experience with at least 200 jobs within 10 years of application for registration, to 4 years as a registered filing representative with at least 125 jobs within 8 years of application for class 2 filing representative status. The time period for such registration was also changed from April 1 - June 1, 2013 to May 1- June 30, 2013.
  • Subdivision (h) of Section 104-24: separated class 2 filing representative renewal requirements into 2 parts:
    • Beginning July 1, 2014, during the one (1) year immediately prior to renewal, a class 2 registered filing representative must complete an integrity training and the thirty-six- (36) hour training course.
    • Beginning July 1, 2017, during the three (3) years immediately prior to renewal, a class 2 registered filing representative must complete an integrity training and a sixteen- (16) hour, Department-approved, refresher course.
  • Subdivision (h) of Section 104-03: lessened the fee for changing from a class 1 representative to a class 2 representative, from a $150 registration fee to a $50 reissuance fee.

 

 

Effective Date: 
Sun, 04/14/2013

Adopted Rules: Closed to Comments

Adopted Rules Content: 

 

 

STATEMENT OF BASIS AND PURPOSE

 

The rule amendments are pursuant to the authority of the Commissioner of Buildingsunder Sections 643 and 1043(a) of the New York City Charter and Article 302 of the Administrative Code.

 

The amendments:

 

·         Change the title of the section to reflect new classifications of violations.

 

·         Add a new charge for violation of Local Law 70 of 2011 governing concrete washout water, which will take effect on July 1, 2012. This local law regulates wastewater generated from the rinsing of equipment used to mix, transport,convey, and/or place concrete. The failure to perform proper concrete washoutprocedures would damage the City's environment, sewers and drains.

 

·         Add a new charge when a registered design professional fails to immediately notifythe Department when there is an unsafe condition in a façade. When the Department is not immediately notified, the unsafe conditions may present a risk topublic safety. The amendment would classify this charge as an ImmediatelyHazardous (Class 1) violation.

 

·         Add a new charge for failure to secure public safety when there is an unsafecondition in a facade. When unsafe conditions are reported by the registereddesign professional to the Department and the owner, the owner must takeimmediate steps to remedy the conditions and take required measures to protect the public from the unsafe conditions. The Department believes that the lack ofthese safety measures presents an immediate danger to the public. Therefore,the amendment would classify this charge as an Immediately Hazardous (Class 1).

 

·         Add a new charge for removal of public protection from unsafe facade withoutapproval from the Department. Where required safety measures are already inplace for unsafe façades, Department  rules  require  Department  permission before removing the protection to ensure public safety.

 

 

Effective Date: 
Wed, 07/18/2012

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