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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

Adopted Rules: Closed to Comments

Adopted Rules Content: 

City of New York

Environmental Control Board

 

Notice of Promulgation of Rule

 

NOTICE IS HEREBY GIVEN PURSUANT TO THE AUTHORITY VESTED in the  Environmental Control Board (ECB) in accordance with Sections 1049-a  and 1043 of the New York City Charter and Section 28-202.1 of the New York City Administrative Code. The ECB has amended its Department of Buildings (DOB) Penalty Schedule. This schedule is found in Section 3-103 of Subchapter G of Chapter 3 of Title 48 of the Rules of the City of New York. It contains penalties for notices of violation issued by the New York City DOB.The proposed rule was published in the City Record on February 29, 2016, and a public hearing was held on March 30, 2016. 

 

Statement of Basis and Purpose of Final Rule

 

The New York City Environmental Control Board (“ECB”) has modified the ECB Buildings Penalty Schedule to reflect the 2014 updates to the NYC Construction Codes and to more clearly and effectively allow the New York City Department of Buildings (“DOB”) to enforce particular sections of law. The ECB held a public hearing on March 30, 2016, regarding amendments to its Department of Buildings Penalty Schedule found in Section 3-103 of Subchapter G of Chapter 3 of Title 48 of the Rules of the City of New York.

 

This modification to the penalty schedule adds two new infractions and amends three existing infractions. The new infractions enable DOB to effectively enforce Commissioner’s Orders relating to the safe operation of construction equipment and other matters that ensure public safety. The amendments increase the penalties for inadequate safety measures during crane, derrick or other hoisting operations and for failure to safeguard all persons and property affected by construction operations, promoting DOB’s zero tolerance policy for abuses of public safety regulations.

Effective Date: 
Fri, 04/15/2016

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: 

Local Law 69 of 2013 makes original equipment manufacturers (“OEMs”), as defined by the law, responsible for the lawful recovery of refrigerants from their refrigerant-containing appliances when those appliances are discarded by residents.  Local Law 69 was enacted in August 2013.  Subsequently, a lawsuit challenging the validity of Local Law 69 was brought against the City of New York.  As a result of the settlement of this lawsuit, the Department of Sanitation (DSNY) has adopted the following amendments to Chapter 17 of Title 16 of the Rules of the City of New York.   

Specifically, the amendments: 

  • Add certain new definitions and clarify existing defined terms; 
  • use the term “responsible party,” defined as a brand owner or manufacturer, in place of the term “original equipment manufacturer”;
  •  clarify the responsibilities of a responsible party;
  • place additional requirements on the DSNY with regard to the information that must be contained in the biannual bill sent to a responsible party;
  •  establish a process by which a responsible party can challenge the biannual bill issued by the department;
  • state that it will be a violation, punishable by a fine of $500, for any responsible party to dispose of a refrigerant-containing appliance without arranging for the lawful recovery of the appliance’s refrigerants, as provided by Local Law 69; and
  • state that enforcement proceedings may be brought as civil actions or in a proceeding before the Environmental Control Board.  

 DSNY’s authority for these rules is found in sections 753 and 1043(a) of the New York City Charter and section 16-485 of the New York City Administrative Code.   

Effective Date: 
Fri, 04/10/2015

Adopted Rules: Closed to Comments

Adopted Rules Content: 

 

Statement of Basis and Purpose

 

Local Law 52 of 2014 changed the effective dates of amendments of the New York City Construction Codes pursuant to Local Law 141 of 2013 and certain other local laws as set forth in Local Law 52 from October 1, 2014 to December 31, 2014.  These amendments together are commonly referred to as “the 2014 NYC Construction Codes”.

 

Therefore, the Department of Buildings (DOB) is amending rules previously adopted pursuant to the 2014 NYC Construction Codes to conform the effective dates of such rules to the new effective date of such code (December 31, 2014) as set forth in Local Law 52 of 2014.

 

In accordance with Section 1043(e)(iii) of the City Charter, DOB did not hold a public hearing on this rule amendment on the grounds that a hearing would have served no public purpose.

 

Further, in accordance with Section 1043(d)(4)(iii) of the City Charter, this rule is not subject to review pursuant to Section 1043(d) of same.

 

New material is underlined.

[Deleted material is in brackets.]

 

 

 

Effective Date: 
Fri, 12/19/2014

Adopted Rules: Closed to Comments

Adopted Rules Content: 

 

STATEMENT OF BASIS AND PURPOSE

 

Pursuant to § 282 of Article 7-C of the MDL (“Loft Law”), the Loft Board may promulgate rules to ensure compliance with the Loft Law. In 2010 and 2013, the Legislature amended the Loft Law by enacting Chapters 135 and 147 of the Laws of 2010 and Chapter 4 of the Laws of 2013. The 2010 amendments to the Loft Law established a new category of interim multiple dwellings (IMDs) covered by the Loft Law by adding a new MDL § 281(5). In 2013, the Legislature further amended the definition of an IMD in MDL § 281(5).

 

As described more fully below, the rule amendments amend provisions of sections 2-01, 2-03 and 2-08 of Title 29 of the Rules of the City of New York to conform these rules to the 2010 and 2013 amendments to the Loft Law and provide further clarification of existing rule requirements. Section 1 of this rulemaking amends subdivisions (a) through (h) of 29 RCNY § 2-01. Sections 2 and 3 of this rulemaking amend subdivisions (i) and (m) of § 2-01. Sections 4 through 8 of this rulemaking amend subdivisions (a) and (b) of 29 RCNY § 2-03. Sections 9 through 13 of this rulemaking amend subdivisions (a), (b), (d), (e), (j), (k), (m), (n), (q), (r), and (s) of 29 RCNY § 2-08.

 

Amendments to § 2-01

 

The amendments to § 2-01 in Sections 1 through 3:

 

·       Add code compliance deadlines for IMDs subject to the Loft Board’s jurisdiction under MDL § 281(5) pursuant to the 2010 and 2013 amendments to the Loft Law;

 

·       Update code compliance deadlines for IMDs subject to the Loft Board’s jurisdiction pursuant to MDL §§ 281(1) and 281(4);

 

·       Extend the time to apply for an extension of the final code compliance deadline (certificate of occupancy) for IMD owners subject to the Loft Law pursuant to the 2010 amendments to the Loft Law;

 

·       Clarify the procedures for applying for rent adjustments based on code compliance costs and Rent Guidelines Board increases and explain how such procedures apply to IMDs subject to the Loft Board’s jurisdiction pursuant to MDL § 281(5);

 

·       Clarify the Loft Board’s procedures for setting the initial legal regulated rent;

 

·       Provide that an owner is subject to civil penalties in accordance with 29 RCNY § 2-11.1 for violations of 29 RCNY § 2-01; and

 

·       Extend other existing requirements in 29 RCNY § 2-01 to the IMDs subject to the Loft Board’s jurisdiction pursuant to MDL § 281(5).

 

Amendments to § 2-03

 

In Sections 4 through 8, the Loft Board is amending § 2-03, governing hardship exemption applications to the Loft Board. Pursuant to MDL § 285(2), owners may apply to the Loft Board for an exemption from Article 7-C coverage on the basis that the compliance with Article 7-C would cause an unjustifiable hardship as defined in § 285(2).

 

The amendments to § 2-03:

 

·         Provide the filing deadlines for hardship applications as added in the 2010 and 2013 amendments to the Loft Law;

 

·         Require that an applicant for a hardship exemption attach all supporting documentation to the hardship application form at the time of the initial filing; and

 

·         Generally extend existing provisions in § 2-03 to IMD owners subject to the Loft Board’s jurisdiction pursuant to MDL § 281(5).

 

Amendments to § 2-08

In Sections 9 through 13, the Loft Board is amending 29 RCNY § 2-08, which governs

Article 7-C coverage for IMDs.

 

The amendments to § 2-08:

 

·        Update the requirements for Article 7-C coverage with respect to IMDs covered under MDL § 281(5) in accordance with the 2013 amendments to the Loft Law; and

 

·         Extend existing provisions of § 2-08 to IMDs subject to the Loft Board’s jurisdiction pursuant to the 2013 amendments to the Loft Law.

 

In 2010, the New York State Legislature added restrictions for Article 7-C coverage pursuant to MDL § 281(5) based on, among other things, the size of the IMD and the other uses in the building existing on June 21, 2010. The 2010 amendments excluded from Article 7-C coverage buildings that contained uses that: 1) are listed in Use Groups 15 through 18 of the Zoning Resolution; 2) were currently and actively pursued in the building on June 21, 2010; and 3) the Loft Board determined to be inherently incompatible with residential use in the building. In May 2011, the Loft Board amended § 2-08 to reflect the 2010 amendments to the Loft Law by including the criteria for an IMD pursuant to MDL § 281(5) and by clarifying what uses in Use Groups 15 through 18 are "inherently incompatible" with residential use.

 

In 2013, the Legislature modified the criteria for Article 7-C coverage under § 281(5). The 2013 amendments reduced the minimum size of an IMD unit from 550 to 400 square feet and provided that an activity described in Use Groups 15 through 18 will only bar Article 7-C coverage if the activity existed on June 21, 2010 and continued until the date of the application for Article 7-C coverage. The amendments to § 2-08 reflect these 2013 changes to the Loft Law.

 

 

Effective Date: 
Wed, 09/11/2013