DOB Subscribe to RSS - DOB

Proposed Rules: Open to Comments

Log in or register to post comments
Agency:
Comment By: 
Tuesday, December 12, 4000
Proposed Rules Content: 

 

PLEASE DISREGARD COMMENT BY AND HEARING DATE FIELDS

The New York City Department of Buildings previously announced that it would hold a public hearing on Thursday, April 2, 2020 at 2 p.m. on a proposed rule concerning technical cleanup amendments to rules governing the licensing of hoisting machine operators and the rules governing cranes and derricks, adding language on peer review of cranes and amending the rule regarding rigging operations. In light of the 2020 Novel Coronavirus (COVID-19) pandemic, the Department has determined that the hearing must be postponed. Details for the rescheduled public hearing will be announced when they are available.

Subject: 

.

Contact: 

No contact

Proposed Rules: Open to Comments

Log in or register to post comments
Agency:
Comment By: 
Tuesday, December 12, 4000
Proposed Rules Content: 
 
PLEASE DISREGARD COMMENT BY AND HEARING DATE FIELDS

The New York City Department of Buildings previously announced that it would hold a public hearing on Monday, March 30, 2020 at 10 a.m. on a proposed rule concerning amending the fees for facade report filings. In light of the 2020 Novel Coronavirus (COVID-19) pandemic, the Department has determined that the hearing must be postponed. Details for the rescheduled public hearing will be announced when they are available.

Contact: 

No contact

Proposed Rules: Closed to Comments (View Public Comments Received:1)

Agency:
Comment By: 
Thursday, April 2, 2020
Proposed Rules Content: 

Statement of Basis and Purpose of Proposed Rule

 

The proposed amendments: 

·       Make technical cleanups to rules governing the licensing of hoisting machine operators, as follows:

  • Sections 1 and 4 of the proposed amendments correct a logical inconsistency in sections 104-09 and 104-23 of chapter 100 of Title 1 of the Rules of the City of New York. The proposed amendments will prevent a misinterpretation that would prohibit some applying credits obtained on larger machinery towards obtaining more limited licenses.
    • Article 405 of Title 28 of the New York City Administrative Code does not establish pre-requisite licensing in order to obtain a Class A or a Class C Hoisting Machine Operator license.
    • Only people applying for a Class B Hoisting Machine Operator license must first be licensed as a Class A Hoisting Machine Operator. 
    • Individuals who originally intended to get a Class A license but ultimately choose to apply for a Class C license have previously been allowed to credit experience obtained on larger Class A machinery in applying for the more limited Class C license.
    • Similarly, individuals who originally intended to obtain a Class C license but ultimately choose to train on larger Class A machinery and apply for a Class A license have not been required to first obtain a Class C license. 
  • Sections 2 and 3 of the proposed amendments remove a distinction between a certification for a tower crane and a self-erecting tower crane.  This amendment mirrors current national crane certifications, which do not distinguish between tower cranes and self-erecting tower cranes. 

·       Include additional rigging best practices (Sections 5 and 6). 

·       Make technical cleanups to rules governing cranes and derricks, as follows:

    • Section 8 of the proposed amendments will require additional engineering information to be submitted to the department for tower crane prototype review; these values were inadvertently left out of the current rules.
    • Section 9 corrects terminology related to a “phase” or “jump.”
    • Section 10 clarifies that a licensed master or tower crane rigger can witness a tower crane load test.
    • Section 12 clarifies that cranes or derricks that are used under the supervision of a master rigger must maintain the same jobsite logs as a crane that requires a certificate of on-site inspection 
    • Section 13 clarifies the title and scope of a particular section of the rule. 

·      Codify requirements contained in Buildings Bulletin 2019-005 regarding peer review for cranes and derricks in Sections 7 and 11.  The department requires certain cranes or derricks with complex or out of the ordinary loading, load  paths,  configurations,  operations,  or  site conditions, or whose setup requires enhanced coordination among city agencies to be subject to a peer review.  During a peer review, an independent New York State professional engineer reviews the application submitted by the crane or derrick notice engineer and provides an additional verification that the crane or derrick design indicated on the submitted crane or derrick notice application is in general conformance with New York City Codes, rules, and regulations for cranes and derricks.  This rule will provide uniform requirements for crane and derrick peer reviewers and crane and derrick peer reviews. 

The Department of Buildings’ authority for these rules is found in sections 643 and 1043 of the New York City Charter, section 28-104.7.11 of Chapter 1 and Article 405 of Chapter 4 of the City Administrative Code and sections BC 3316 and BC 3319 of the New York City Building Code. 

New material is underlined.

[Deleted material is in brackets.]

Subject: 

.

Location: 
Department of Buildings
280 Broadway, 5th floor conference room
New York, NY 10007
Contact: 

No contact

Download Copy of Proposed Rule (.pdf): 

Proposed Rules: Closed to Comments

Agency:
Comment By: 
Monday, March 30, 2020
Proposed Rules Content: 

Statement of Basis and Purpose of Proposed Rule

 

This proposed rule amends Section 101-03 of Chapter 100 of Title 1 of the Rules of the City of New York relating to fees for façade report filings.  These fees have not been increased since they were adopted.  The increase is proposed to cover the increase in workload and staffing for the façade unit.

The authority of the Department of Buildings for this rule is found in sections 643 and 1043 of the New York City Charter and section 28-112.7.2 of the New York City Administrative Code.

Pursuant to section 1043(d)(4)(iii) of the New York City Charter, certification of this proposed rule pursuant to Local Law 46 of 2010 is not required.

New material is underlined.

[Deleted material is in brackets.]



Location: 
Department of Buildings
280 Broadway, 5th floor conference room
New York, NY 10007
Contact: 

No contact

Adopted Rules: Closed to Comments

Adopted Rules Content: 

Statement of Basis and Purpose of Rule

 

The purpose of these rule amendments is to clarify the qualifications and responsibilities of qualified exterior wall inspectors, as well as the requirements for exterior wall inspections and repairs.  Recent inspections have revealed significant deficiencies in façade compliance reporting by registered design professionals; therefore, the Department is enhancing the qualified exterior wall inspector qualifications, inspection requirements and civil penalties against owners to ensure public safety.

 

The rule:

  • adds new requirements regarding the experience and responsibilities of the Qualified Exterior Wall Inspector (QEWI) to ensure inspectors have appropriate knowledge of exterior walls and how to conduct inspections of those walls; 
  • expands the list of who can perform inspection tasks; 
  • adds a new requirement that owners post and maintain the building facade status in the lobby in a manner similar to elevator certificates, to alert the building occupants of the exterior wall status; 
  • adds a new requirement for close-up inspections to be performed at intervals of not more than 60’-0” fronting each public right-of-way in order to allow for more thorough inspections of the exterior wall; 
  • clarifies which façade elevations are required to have close-up inspections; 
  • adds a new requirement that the QEWI probes whether ties are present and in good condition at cavity wall buildings in every odd cycle because there have been recent failures of cavity walls due to missing or deficient ties; 
  • adds exceptions to the requirement for probes; 
  • requires photographic evidence of close-up inspections in progress to guard against false filings; 
  • increases civil penalties because the increased responsibilities for the building owners require corresponding increases in the penalties.  Comments received at the public hearing favored the Department’s taking additional enforcement actions against noncompliant owners by increasing penalties from what they were in the proposed rule.  In response, the penalty for failure to file is being increased from $2,000 to $5,000 and the monthly penalty for late filing is doubled; 
  • adds a new civil penalty for failure to correct “safe with a repair and maintenance program” (SWARMP) conditions to compel owners to maintain exterior walls in a safe condition; 
  • modifies the criteria for waiving civil penalties; and 
  • makes plain language revisions throughout. 

The Department of Buildings’ authority for this rule is found in sections 643 and 1043 of the New York City Charter and Article 302 of Title 28 of the New York City Administrative Code.

 

New material is underlined.

[Deleted material is in brackets.] 

 

Effective Date: 
Thu, 02/20/2020

Adopted Rules: Closed to Comments

Adopted Rules Content: 

Statement of Basis and Purpose of Rule 

The Department of Buildings (DOB) is amending Section 103-06 of Title 1 of the Rules of the City of New York relating to the annual reporting of energy and water use by individual “covered” buildings. This final rule will implement the requirements of Local Law 33 of 2018 (“Local Law 33”).  

Local Law 33 establishes a reporting and notice requirement, whereby owners of “covered buildings,” are required to report their annual energy and water use (“benchmark”) through the online benchmarking tool that delivers an “Energy Efficiency Score” that assesses the energy use of the building relative to buildings of comparable size and use.  Based on the “Energy Efficiency Score,” each “covered building” will be assigned an “Energy Efficiency Grade” in the form of a letter – A- D, F or N (not feasible) grade.  

This final rule requires the covered building owner to display the “Energy Efficiency Grade” and “Energy Efficiency Score” near each public entrance, within 30 days after October first in a given year.  This final rule is an annual requirement and commences in 2020. The purpose of the final rule is to implement the requirements of Local Law 33.  The purpose of Local Law 33 is to increase transparency regarding energy and water use in New York City buildings and to raise awareness of this issue among all relevant stakeholders, including owners, managers, and occupants. 

New material is underlined.

[Deleted material is in brackets.]

Effective Date: 
Thu, 02/20/2020

Adopted Rules: Closed to Comments

Adopted Rules Content: 

Statement of Basis and Purpose of Rule

 

Local Law 196 of 2017 went into effect on October 16, 2017.  It created new requirements for construction site safety training courses and course completion cards, beginning March 1, 2018.

Local Law 119 of 2019 went into effect on June 8, 2019 and changed some of the compliance dates in Local Law 196.  This rule has been amended to reflect those changes.

This rule 

  • amends the existing course provider rule (section 105-03) to add requirements for site safety training course providers and course completion cards; and 
  • adds a new rule section 3321-01 regarding the type of and time frames for construction site safety training. 

The amendments to the Department’s penalty schedule (§ 102-01(k)), which appeared in the proposed rule, are no longer part of this rule.  They were promulgated as part of a larger set of amendments to §102-01 that became effective on November 10, 2018. 

New material is underlined.

[Deleted material is in brackets.]

 

Effective Date: 
Sun, 01/19/2020

Proposed Rules: Closed to Comments (View Public Comments Received:21)

Agency:
Comment By: 
Monday, December 30, 2019
Proposed Rules Content: 

 

Statement of Basis and Purpose of Rule

 

The purpose of these proposed rule amendments is to clarify the qualifications and responsibilities of qualified exterior wall inspectors, as well as the requirements for exterior wall inspections and repairs.  Recent inspections have revealed significant deficiencies in façade compliance reporting by registered design professionals; therefore, the Department is enhancing the qualified exterior wall inspector qualifications, inspection requirements and civil penalties against owners to ensure public safety.

 

The rule:

  • adds new requirements regarding the experience and responsibilities of the Qualified Exterior Wall Inspector (QEWI) to ensure inspectors have appropriate knowledge of exterior walls and how to conduct inspections of those walls;
  • adds a new requirement that owners post and maintain the building facade status in the lobby in a manner similar to elevator certificates, to alert the building occupants of the exterior wall status;
  • adds a new requirement for close-up inspections to be performed at intervals of not more than 60’-0” fronting each public right-of-way in order to allow for more thorough inspections of the exterior wall;
  • adds a new requirement that the QEWI probes whether ties are present and in good condition at cavity wall buildings in every odd cycle because there have been recent failures of cavity walls due to missing or deficient ties;
  • requires photographic evidence of close-up inspections in progress to guard against false filings;
  • increases civil penalties and adds a new one for failure to correct “safe with a repair and maintenance program” (SWARMP) conditions to compel owners to maintain exterior walls in a safe condition;
  • modifies the criteria for waiving civil penalties; and
  • makes plain language revisions throughout. 

The Department of Buildings’ authority for this rule is found in sections 643 and 1043 of the New York City Charter and Article 302 of Title 28 of the New York City Administrative Code.

 

New material is underlined.

[Deleted material is in brackets.]

 

 

Location: 
Department of Buildings
280 Broadway, 4th floor Reade Street conference room
New York, NY 10007
Contact: 

No contact

Adopted Rules: Closed to Comments

Adopted Rules Content: 

Statement of Basis and Purpose 

The rule adds a new Section 104-12 to Title 1 of the Rules of the City of New York (RCNY) regarding gas work qualifications. This rule promotes public safety by specifying requirements for obtaining gas work qualifications required for performing gas work within the City of New York.

This rule includes provisions related to the following that are intended to give effect to Local Law 150 of 2016:

  • Requirements for applications for a gas work qualification, including examination, experience and education requirements.
  • Requirements for applications for a limited gas work qualification, including experience and education requirements.
  • Requirements for documentation purporting to verify claimed education, training and experience submitted with applications for a gas work qualification or a limited gas work qualification.
  • Requirements for demonstrating that a person holds a gas work qualification or a limited gas work qualification while engaged in gas work.
  • Expiration and renewal of a gas work qualification and a limited gas work qualification.

DOB has made changes to the rule following the public comment period and public hearing.  These changes include:

  • Defining the terms “direct and continuing supervision,” “personal and immediate supervision,” and “direct employ” in order to provide clarity with respect to the operation of such terms for purposes of the rule.
  • Specifying, in subparagraph (i) of paragraph (5) of subdivision (a), the requirements for proving personal and immediate supervision in order to provide clarity to supervising individuals.
  • Clarifying that the application fee, where applicable, for a gas work qualification and a limited gas work qualification will be as specified in section 101-03 of the rules of the Department.
  • Adding provisions under subdivision (e), regarding the issuance of gas work and limited gas work qualification cards and requirements for demonstrating that a person holds a gas work qualification or limited gas work qualification while engaged in gas work. These provisions were added to address enforcement considerations associated with implementation of the rule.

The Department of Buildings’ authority for this rule is found in sections 643 and 1043 of the New York City Charter, Article 423 of Chapter 4 of Title 28 of the New York City Administrative Code and Local Law 150 of 2016.

New material is underlined.

[Deleted material is in brackets.]

Effective Date: 
Sat, 12/07/2019

Proposed Rules: Closed to Comments

Agency:
Comment By: 
Monday, November 25, 2019
Proposed Rules Content: 

Statement of Basis and Purpose of Rule

The Department of Buildings (DOB) is amending Section 103-06 of Title 1 of the Rules of the City of New York relating to the annual reporting of energy and water use by individual “covered” buildings.  This amendment will provide for the issuance of a violation with a monetary penalty to the owner of any covered building for the failure to annually post the energy efficiency grade and the energy efficiency score achieved by the building.  The amendment will also provide a basis to challenge the issuance of a violation for failing to comply with the annual posting requirements.

New material is underlined.

[Deleted material is in brackets.]

Subject: 

.

Location: 
Department of Buildings
280 Broadway, 3rd floor conference room
New York, NY 10007
Contact: 

No contact

Pages