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Proposed Rules: Closed to Comments

Agency:
Comment By: 
Monday, December 10, 2018
Proposed Rules Content: 

Statement of Basis and Purpose of Proposed Rule

Section 24-705 of the New York City Administrative Code (Ad Code) provides that DEP “by regulation shall develop a facility inventory form” (FIF) which is to be filed annually with DEP by facilities in accordance with Ad Code section 24-706 in order to report the presence of certain hazardous substances in facilities.

DEP complied with section 24-705 by promulgating an FIF as Appendix A to the Community Right-to-Know Rules, which are found at Title 15, Chapter 41 of the Rules of the City of New York. However, the FIF which currently appears in Appendix A has not been revised since 1990.

The current FIF needs to be updated for two reasons: First, the United States Environmental Protection Agency (EPA) has amended its hazardous chemical reporting regulations (40 CFR Part 370) to implement the Emergency Planning and Community Right-to-Know Act (EPCRA), as a result of changes to the Occupational Safety and Health Administration (OSHA) Hazard Communication Standard (HCS). Following EPCRA, to incorporate the adoption of the OSHA HCS in 40 CFR Part 370, the U.S. EPA is replacing the existing five federal hazard categories for list reporting (Section 311) and annual inventory reporting (Section 312) with 24 new physical and health hazard categories. Since the FIF must reflect EPA’s reporting requirements, it must be changed to accommodate these new categories.

Second, Local Law Number 143 for the year 2013 amended Title 24 of the Ad Code by requiring the department to promulgate rules amending the FIF to include (1) any applicable special flood hazard area zone, as established by the Building Code, and Office of Emergency Management coastal storm and hurricane evacuation zone; (2) a certification that hazardous substance storage is in compliance with department rules and all other applicable federal, state, and local laws, rules and regulations; and (3) a description of how such storage takes into account potential flooding and other extreme weather events.

This proposed rule also would make technical corrections to 15 RCNY §§ 41-03 (definitions), 41-05(a) and 41-12(b)(1).

DEP’s authority for these rules is found in sections of the New York City Charter section 1043 and Section 24-705 of the New York City Administrative Code.

Subject: 

Amendment of rules to update the Facility Inventory Form filed with the Department of Environmental Protection DEP under the Community Right-to-Know Law.

Location: 
DEP 1st Floor Haz Mat Conference Room
59-17 Junction Blvd. 1st Floor Haz Mat Conf. Rm.
Flushing, NY 11373
Contact: 

No contact

Download Copy of Proposed Rule (.pdf): 

Adopted Rules: Closed to Comments

Adopted Rules Content: 

Statement of Basis and Purpose

 

The Department of Buildings (DOB) is updating Chapter 3300 of Title 1 of the Rules of the City of New York by amending 1 RCNY §3310-02 to promote publicsafety by increasing  the experience requirements for Concrete Safety Managers who oversee the concrete portion of building projects that involve pouring at least 2,000 cubic yards of concrete.  The amended rule applies prospectively to all new Concrete Safety Managers, and to all renewals.

 

The rule also clarifies that Concrete Safety Managers’ registrations and renewals are subject to the provisions of Article 401 of Chapter 4 of Title 28 of the New York City Administrative Code.  This will allow the Department to hold Concrete Safety Managers to the same standards as licensees.

 

DOB’s authority for this rule is found in Section 643 and 1043(a) of the New York City Charter and section 3310.9.1 of the New York City Building Code.

 

New material is underlined.

[Deleted material is in brackets.]

 

 

 

 

Effective Date: 
Sat, 07/28/2018

Adopted Rules: Closed to Comments

Adopted Rules Content: 

 

Statement of Basis and Purpose of Rule

 

The Department’s current regulations for cranes and derricks are found in Reference Standard RS 19-2 of the 1968 New York City Building Code (RS 19-2).  This standard is being repealed and replaced by this rule.

 

This rule:

 

  • addresses the minimum safety requirements for, and regulates the design, construction, permitting, installation, removal, adjustment, repair, inspection, maintenance, operation, and use of cranes and derricks.

 

  • references, utilizes, and requires compliance with the latest nationally recognized American Society of Civil Engineers (ASCE), American Society of Mechanical Engineers (ASME), European Committee for Standardization (EN), International Organization for Standardization (ISO), and Society of Automotive Engineers (SAE) standards.

 

  • incorporates several recommendations made by the Department’s High Risk Construction Oversight (HRCO) study (issued June 2009) that pertain to cranes and derricks. 

 

  • is the first phase of a multi-phase effort to increase public safety by modernizing New York City’s crane and derrick regulations.

 

  • is based on input from over three dozen representatives of crane and derrick manufacturers, filing engineers, operating engineers, owners, and construction firms.

 

Subdivisions (a) through (e) of the rule incorporate and edit provisions of RS 19-2 that pertain to the certificate of approval, as well as the definitions and scope language contained in RS 19-2.  The certificate of approval (also known as the “prototyping process” or “prototype”) is the first of three certificates that must be obtained before a crane or derrick can operate in New York City.  The certificate of approval evaluates the design of the make and model of the crane or derrick, and authorizes the make and model of the crane or derrick to operate in the city.  Provisions retaining to the other two certificates (operation and on-site inspection) will be addressed by rule in subsequent phases.

 

Specifically:

 

  • Subdivision (a) of the rule is derived from Section 1.0 of RS 19-2.

 

·         It is revised to update cross references from the 1968 New York City Building Code to the New York City Construction Codes, and to utilize terminology contained in the Construction Codes. 

 

·         Language is added to clarify that equipment which meets the definition of a crane or derrick is covered by the scope of the rule, and follows similar action taken by OSHA to clarify that dedicated pile drivers and other machinery are considered to be a crane or derrick under the Occupational Safety and Health Administration (OSHA) regulations.

 

  • Subdivision (b) of the rule is derived from Section 2.0 of RS 19-2, and contains the definitions utilized in the rule.

 

·         A number of the definitions are contained in Chapter 33 of the Building Code and are republished here for convenience.

 

·         Definitions not currently found in RS 19-2 are added.

 

·         The definitions of “attachments” and “component” are derived from HRCO recommendation C-20.  HRCO further recommended that the department develop a system to track components and attachments; this will be assessed in a future phase.

 

·         The remaining definitions are currently found in RS 19-2, with some modifications made for clarity or to reflect current technology.

 

·         HRCO recommendation C-12 proposed that the city update its crane regulations to reflect a new type of crane, an “articulating boom crane.”  The definitions for “crane” and “articulating boom crane” are modified in the rule to match earlier changes made to these definitions in the Construction Codes to conform to the HRCO recommendation.

 

  • Subdivision (c) of the rule cross references and consolidates existing provisions for crane certificates and permits.

 

  • Subdivision (d) of the rule contains the requirements for the certificate of approval.

 

·         This language replaces the provisions in section 3.0 of RS 19-2, which is deleted.

 

·         Paragraph (1) of subdivision (d) adopts certain items in HRCO recommendation C-7 concerning standards to be followed by crane and derrick manufacturers, as well as information crane and derrick manufacturers need to supply to the department.

 

·         Paragraph (1) of subdivision (d) requires technical information related to the crane or derrick’s wind design and counterweight configurations to be submitted to the department. 

 

·         Also, paragraph (1) requires an engineer to provide a technical certification as to the design of the crane or derrick. 

 

·         Current requirements from RS 19-2 for a brochure, load rating charts, and listing of components to be submitted by the manufacturer are retained in paragraph (1).

 

·         Paragraphs (2) and (3) reflect current requirements.

 

·         Paragraph (4) clarifies the circumstances that trigger an amendment to a certificate of approval, and the information to be filed as part of an amendment.  It also establishes two new pathways to file an amendment; the first by the manufacturer and the second by an owner of a crane or derrick.  These pathways are derived from OSHA, which limits the ability of an owner to modify a crane or derrick.  (See 29 CFR §1926.1434).

 

·         Paragraph (5) establishes a new pathway for manufacturers to provide updated information, such as manuals and checklists, to the department without triggering the need to file an amendment.

 

·         Paragraph (6) provides specific criteria for providing the department with safety bulletins and recall notices. 

 

·         Paragraph (7) requires notification if the manufacturer loses its ISO accreditation. 

 

·         Paragraphs (8) and (9) reflect current requirements.

 

  • Subdivision (e) sets forth acceptable design and testing standards for which cranes or derricks must satisfy in order to be issued a certificate of approval.

 

Subdivisions (f) through (x) of this rule contain items relating to jobsite specific design and operation of a crane or derrick.  These are simply a re-promulgation of sections of RS 19-2, with minor edits made to renumber and correct cross-references.  These sections will be amended by rule in subsequent phases.

 

The Department of Buildings’ authority for these rules is found in sections 643 and 1043 of the New York City Charter, section 28-103.19 of the New York City Administrative Code and section 3319.1 of the New York City Building Code.

 

New material is underlined.

 

[Deleted material is in brackets.]

 

 

Effective Date: 
Fri, 01/01/2016