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Proposed Rules: Closed to Comments

Agency:
Comment By: 
Wednesday, March 29, 2017
Proposed Rules Content: 

Statement of Basis and Purpose

The proposed rule:

  • relocates the Department of Buildings (DOB) Penalty Schedule from the Office of Administrative Trials and Hearings Environmental Control Board (OATH ECB) rules in Chapter 3 of Title 48 of the Rules of the City of New York to DOB’s rules in Chapter 100 of Title 1 of the Rules of the City of New York;
  • updates the schedule as needed to reflect recently adopted rules;
  • provides clearer, more concise language; and
  • reduces default penalties upon proof of compliance with applicable law.

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 relocation 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.

The schedule has also been updated to add new penalties amounts for violations of the Energy Conservation Code (“ECC”), which can be found in Chapter 10 of Title 28 of the New York City Administrative Code. The proposed penalty amounts range from $300 to $10,000. 

Working with the City’s rulemaking agencies, the Law Department, OMB, and the Office of Operations conducted a retrospective rules review of the City’s existing rules, identifying those rules that will be repealed or modified to reduce regulatory burdens, increase equity, support small businesses, and simplify and update content to help support public understanding and compliance. This proposed rule meets the criteria for this initiative.

DOB’s authority for these rules is found in Sections 643 and 1043(a) of the New York City Charter.

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

Download Copy of Proposed Rule (.pdf): 

Adopted Rules: Closed to Comments

Adopted Rules Content: 

 

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 from October 1, 2014 to December 31, 2014.   

 

By rule effective December 19, 2014 (see rule titled “Amendment to Change Effective Date of Miscellaneous Rules Related to 2014 Construction Codes”), the Department of Buildings amended the effective date of rules that were previously adopted pursuant to the 2014 NYC Construction Codes to conform them to the new effective date of the code (December 31, 2014). 

 

Therefore, this rule went into effect on December 31, 2014, not October 1, 2014. 

 

 

 

 

Statement of Basis and Purpose of Rule 

 

Local Law 141, which goes into effect on October 1, 2014, amends the Administrative Code of the City of New York, the New York City Plumbing Code, the New York City Building Code, the New York City Mechanical Code and the New York City Fuel Gas Code to bring these codes up to date with the 2009 editions of the International Building, Mechanical, Fuel Gas and Plumbing Codes.   

 

Local Law 141 amended some requirements, added new requirements and renumbered existing sections of the affected codes. The amendments to rule 102-01 address the changes enacted by Local Law 141 by adding 2014 code sections and descriptions to the table of classifications and deleting some classifications that are not used or that could be combined with existing descriptions.


The Department of Buildings’ authority for these rules is found in sections 643 and 1043 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.

 

New material is underlined.

[Deleted material is in brackets.]

 

 

 

 

Effective Date: 
Wed, 12/31/2014