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

Adopted Rules: Closed to Comments

Adopted Rules Content: 



 Click here (.pdf) for the complete text of the adopted rule.



Effective Date: 
Sat, 05/26/2012

Proposed Rules: Closed to Comments

Agency:
Comment By: 
Wednesday, August 14, 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, 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 proposed amendment would add 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.

 

Subject: 

Registration Fees for Certain Energy Auditors

Location: 
Department of Buildings
280 Broadway 5th Floor
New York, NY 10007
Contact: 

Gina Bocra
Chief Sustainability Office
Department of Buildings
280 Broadway, 7th Floor NY, NY, 10007

Download Copy of Proposed Rule (.pdf): 

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: 
Monday, May 13, 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 28-216.12 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 proposed rule would do the following: 

  • add a filing fee for required reports of compromised buildings;
  • expand on the definition of “potentially compromised” in section 28-216.12;
  • specify the inspection requirements for potentially structurally compromised buildings;
  • set out the items that need to be included in the inspection report; and
  • create civil penalties for failure to file a report. 

 

Subject: 

Opportunity to comment of proposed rule relating to potentially structurally compromised buildings

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

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

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

Proposed Rules: Closed to Comments

Agency:
Comment By: 
Thursday, November 8, 2012
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 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.

 

 

Subject: 

Opportunity to comment on proposed license examination and investigation fees.

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

Aisha Norflett
Director of Licensing
New York City Department of Buildings
280 Broadway, 6th floor
New York, New York 100070

Download Copy of Proposed Rule (.pdf): 

Proposed Rules: Closed to Comments

Agency:
Comment By: 
Thursday, October 4, 2012
Proposed Rules Content: 

 

 

Statement of Basis and Purpose of Proposed Rule

 

The foregoing rule is proposed 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 of 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 law, rule or requirement. 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 proposing 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 proposed 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 (April 1-June 1, 2013) in which such individuals will be eligible to register as Class 2 representatives based solely on their years of experience and number of jobs filed with DOB.

The proposed 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 proposed, triennial filing representative registration term.

 

Finally, the proposed rule amends Section 104-03 of the Rules of the City of New York to provide that the initial 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.

 

 

Subject: 

Opportunity to comment on proposed rule relating to registered filing representatives.

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

Adam Goold
Assistant General Counsel Department of Buildings
280 Broadway
New York, NY 10007

Download Copy of Proposed Rule (.pdf): 

Proposed Rules: Closed to Comments

Agency:
Comment By: 
Friday, February 15, 2013
Proposed Rules Content: 

 

STATEMENT OF BASIS AND PURPOSE

 

This rule is proposed pursuant to the authority of the Commissioner of Buildings underSections 643 and 1043(a) of the New York City Charter, section 28-308.4 of the NewYork City Administrative Code, 1 RCNY 103-07 and section 103.3 of the New York CityEnergy Code.

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

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

The proposed amendments would:

·         Add fees for initial filings, extensions and amendments of energy efficiencyreports.

·         Add fees for Energy Code compliance reviews.

 

Subject: 

Opportunity to comment on proposed fees for filing energy efficiency reports and for energy code compliance review

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

Gina Bocra
Chief Sustainability Officer
New York City Department of Buildings
280 Broadway, 7th floor
New York, New York 10007

Download Copy of Proposed Rule (.pdf): 

Proposed Rules: Closed to Comments

Agency:
Comment By: 
Friday, April 26, 2013
Proposed 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 proposed 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 proposed 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 cancelation 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 proposes to amend section 104-06, regarding licensee continuing education requirements, by moving the course content and approval requirements to the proposed 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 also would be amended to allow for the acceptance of some types of course credit for classes completed by electricians in other jurisdictions.

 

The Department proposes to amend 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 would  make the  rule consistent with the record retention requirements for course providers in the proposed new section 105-03.

 

 

Subject: 

Opportunity to comment on a proposed amendment to sections 104-06 and 3314-01 and proposed new section 105-03 of Title 1 of the Rules of the City of New York relating to Department of Buildings approved courses for training, license qualification and licensee continuing education.

Location: 
Spector Hall
22 Reade Street
New York, NY 10007
Contact: 

Debra Palmieri-Russo
Executive Director of Buildings University New York City Department of Buildings
280 Broadway, 7th floor
New York, NY 10007

Download Copy of Proposed Rule (.pdf): 

Proposed Rules: Closed to Comments

Agency:
Comment By: 
Thursday, May 9, 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 of the New York City Charter and Section 28-103.19 of the Administrative Code of the City of New York.

 

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

 

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" is a way to represent a measure of safety concerning flooding, usually expressed in feet above a flood level for purposes of flood management. Freeboard requires a building to be elevated higher than the BFE. Freeboard aims to compensate for the many unknown factors that could contribute to flood heights greater than the floods predicted for a particular area, such as waves, bridge openings, and the effect that development has on ground water absorption.

 

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 of up to two feet 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 (2010) 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.

 

Matter underlined is new to Title 1 of the Official Compilation of the Rules of the City of New York. Matter underlined and bold italic is new to reference standard ASCE 24.

 

The rule was not included in the agency's most recent regulatory agenda because it was not anticipated at the time the agenda was published.

 

This rule was signed as an emergency rule by the Mayor on January 31, 2013 and became effective on that date.


 

Subject: 

Opportunity to comment on proposed rule relating to the level above the base flood elevation to which new, substantially damaged or substantially improved buildings that are located in areas of special flood hazard must be designed and constructed

Location: 
125 Worth Street Auditorium, 2nd Floor
New York, NY 10007
Contact: 

Michael Schneider
New York City Department of Buildings
280 Broadway, 7th floor
New York, NY 10007

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