VOLUME 4, ISSUE 4

LOCAL LAW 158 OF 2017: RESTRICTION ON PROFESSIONALLY CERTIFIED FILINGS - NOW IN EFFECT!

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Local Law 158 of 2017 is now in effect. It mandates that buildings that have work without a permit violation civil penalties imposed on or after August 28, 2018, will have a restriction that will preclude the ability to file Professional Certification filings until one year after the date the violation was imposed.

Furthermore, Local Law 158 of 2017 mandates that any other work without a permit violations issued in the successive year following the first work without a permit violation will be subject to civil penalties of two times the scheduled amounts and will also be subject to additional inspection fees when the violating conditions are corrected.

This Local Law is very important to design professionals and owners when developing filing strategies and timelines. RPO will notify its clients when they are not able to Professionally Certify filings due to application of Local Law 158 restrictions at their project sites.

VOLUME 4, ISSUE 3

Department of Buildings Notice:  DOB NOW Expanding Requirement for Certain Applications

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Effective Monday, July 1, 2019, all Department of Buildings applications for Mechanical Systems, Structural, Plumbing, Sprinkler and Standpipe work MUST be filed through the DOB NOW: Build portal. All other methods for filing this work will be phased out for work that has not already been filed.

All design professionals, owners and contractors must be registered with DOB NOW in order to properly use the system.

Given the short period of time between now and the effective date of this change, RPO recommends that all stakeholders register to use DOB NOW as soon as possible. For more information on stakeholder involvement and DOB NOW registration, please see our Volume 2, Issue 10 Newsletter

Please call our office if you would like us to assist you with DOB NOW registration.

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DEADLINE EXTENDED FOR LOCAL LAW 196

SITE SAFETY TRAINING REQUIREMENTS

On May 8th, the New York City Council passed legislation extending the deadline for the second phase of Local Law 196, which requires 30 hours of site-safety training for workers and 62 hours of site-safety training for supervisors, to December 1, 2019.

Workers and supervisors are encouraged to obtain training in a timely manner. Information on Local Law 196 safety training requirements can be found on the Safety page of DOB's website, and details of the deadline extension can be found in the associated Service Notice.


2019 CONTRACTOR CALENDARS ARE AVAILABLE!

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Please contact our office at 

(212) 566-5110 to receive yours.

VOLUME 4, ISSUE 2

ON-SITE SAFETY INSPECTIONS

SITE SAFETY PLANS

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In response to the construction accidents that have occurred in the past two weeks, the NYC Department of Buildings has significantly increased the number of unscheduled on-site safety inspections. 

Particular focus is being given to coordination of site safety plans with field conditions.  Remember, if a project is an actual site safety project that was originally reviewed by the Construction Safety Compliance Unit, any changes to the plans must be resubmitted to the unit for review and approval. 

And as of November 2017, in addition to requirements for major buildings, all jobs requiring a Registered Construction Superintendent also require a Site Safety Plan.  The SSP must be kept on site at all times and available upon request, until all work is completed and signed off.

Failure to have an adequate SSP on site and readily available may result in a full stop work order and/or the issuance of a Summons. DOB has quadrupled penalties for the most serious safety infractions and it has added more than 250 inspectors since 2015 in an effort to step up safety, so the likelihood of receiving a violation and the costs to remedy are both extremely high. 

Reminder:  RPO can prepare Site Safety Plans for your projects.  Please call or email us with any questions you may have.

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RPO is looking for talented people to join our team in various capacities. 

If you are or know someone who would like a career in drafting, code/zoning and City agency consulting, please contact Michael Pressel at RPO Inc.   

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2019 CONTRACTOR CALENDARS ARE AVAILABLE!

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Please contact our office at 

(212) 566-5110 to receive yours.

VOLUME 4, ISSUE 1

ELEVATOR DOOR MONITORING REQUIREMENTS LOOMING

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New York City adopted ASME A17.3 of 2002, as modified by Chapter K3 of Appendix K Section 3.10.12 of the New York City Building Code, which requires retroactive elevator upgrades to some equipment prior to January 1, 2020.

This code applies to all existing automatic passenger, service and freight elevators. Depending on age, the equipment may require modifications to the existing controller system or upgrade/replacement if it is an older system. Again, this requirement applies only to automatic elevators. Buildings with manual passenger or service elevators that have manually operated doors and gates do not have to meet this new code requirement. The requirement is to prevent the elevator from operating under any circumstance with its doors open.

All controllers built to meet the A17.1-2000 Code should have the door lock monitoring provisions built in. Prior to that, NYC followed the A17.1-1996 Code which makes it probable that older equipment does not meet the new standard. There is a great deal of equipment that only requires minor software/hardware tweaking in order to bring it into compliance; this should be evaluated by your elevator vendor.

Since some equipment will require undergoing major modernization, it would prudent to be mindful of the January 1, 2020, compliance deadline. Thereafter, the City will enforce by use of violations and cease of use orders for non-compliance.

The process to demonstrate compliance is as follows:

  • Application must be filed by an elevator agency director approved by the Buildings Department, rather than a design professional, if changes are being made.

  • Design drawings, including approval letter(s) from the controller manufacturer or registered design professional, are not required to be submitted to the Department, but must be kept in the premises’ machine rooms and made available to the Department upon request.

  • Tests and inspections must be performed by an approved elevator inspection agency (applicant) and witnessed by an approved elevator inspection agency not affiliated with the agency performing the test.

VOLUME 3, ISSUE 7

Local Law 152 of 2016 - Periodic Inspection of Gas Piping

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Commencing January 1, 2019, Local Law 152 of 2016 will take effect which requires periodic inspection of gas piping in buildings other than R-3 dwellings.

For existing buildings, an inspection must be conducted every five years by a licensed master plumber or their subordinate. New buildings require their first inspection after 10 years from completion.

The inspector will be required to inspect all exposed gas lines from the point of entry and throughout service spaces and public spaces up to tenant spaces. The inspection will seek evidence of excessive corrosion or deterioration, dangerous conditions, illegal installations, and non-code compliant installations. It will also incorporate use of gas leak detectors.

There will be a reporting/certification procedure put in effect that must be adhered to. Failure to submit certification will be classified as a major violation.

RPO will keep you apprised of the specific reporting requirements as they become available.

VOLUME 3, ISSUE 6

DOB ANNOUNCES DEADLINE CHANGES FOR CONSTRUCTION SAFETY TRAINING REQUIREMENTS

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DOB has extended the deadline by which many of the city's construction workers will need to have at least 30 hours of safety training, and by which construction supervisors will need 62 hours of training.

This requirement was set to kick in on December 1, 2018; workers will now have until June 1, 2019 to complete this training. These workers are already required to have a minimum of 10 hours of safety training and the 10-hour requirement remains unchanged.

In addition, DOB will extend the law's final deadline, by which workers will need 40 hours of training, from May 1, 2019 to September 1, 2020.

VOLUME 3, ISSUE 5

DOT 2018 HOLIDAY EMBARGO NOTIFICATION

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The New York City Department of Transportation has just issued a memorandum on the upcoming 2018 Holiday Construction Embargo. The 2018 Holiday Construction Embargo runs from Thursday November 15th, 2018 to Wednesday January 2nd, 2019. During this period all routine work shall at locations within the embargo area will be suspended and no new work permits will be issued by NYC DOT.

Any ongoing projects must apply for a waiver to work within the Embargo period. In the coming weeks, RPO will issue notifications to our clients for whom we are obtaining DOT permits and we will apply for embargo waivers accordingly.

Please note, an embargo waiver request must be reviewed and approved by NYC DOT. NYC DOT reserves the right to modify existing permit stipulation and restrict certain operations for ongoing projects.

We would like to stress that NYC DOT will not issue any new permits during the embargo period. All permits needed during the holiday embargo should be requested no later than October 31st, 2018, but applying further in advance will yield a better likelihood of obtaining an embargo waiver for that work.

Please contact Joe Dodds at 212-566-5110 x1137 if you have any questions or require further information about the DOT Holiday Construction Embargo

VOLUME 3, ISSUE 4

TENANT PROTECTION PLAN NOTICE TO OCCUPANTS

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Local Law 154 of 2017 requires owners to post or distribute a notice regarding the Tenant Protection Plan (TPP) when the Department of Buildings issues the work permit.

Beginning on July 18, 2018 Owners must post or distribute a notice form approved by the Department of Buildings. The notice must be distributed to each occupied dwelling unit OR posted in the lobby and

On each floor within ten feet of the elevator; or

If the building does not have an elevator, within ten feet of or in the main stairwell on each floor.

As of July 18, 2018, owners must post the notice provided by the Department in order to comply with Local Law 154 of 2017. Failure to post the Department's approved notice containing the required contact information may result in the imposition of penalties.

RPO will provide the required notifications for our clients to post with each TPP that we prepare. 

Local Law 154 also requires owners to notify the Department in writing at least 72 hours before starting work that requires a TPP. Owners must use the online notification form on the Department's website to satisfy this requirement.

Please contact Brian Kamei at RPO with any questions pertaining to Local Law 154 of 2017 and/or our Tenant Protection Plan service.  

 

REMINDER: SPRINKLER COMPLIANCE REPORTS - LOCAL LAW OF 2004

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Deadline for 14 year sprinkler compliance reports in office buildings over 100 feet tall is July 1, 2018, as per Local Law 26 of 2004.

Local Law 26 of 2004

Effective October 22, 2004, this local law mandated the retroactive requirement that a full system of automatic sprinklers be installed in all office buildings and buildings classified in Occupancy Group E over one hundred feet in height. The installation of these required sprinkler systems must be completed on or before July 1, 2019.

Reporting Deadline

The local law also requires that owners of buildings subjected to Local Law 26 of 2004 file a fourteen year report no later than July 1, 2018. These fourteen year reports are required to contain a certification provided by a registered architect or professional engineer declaring the percentage of the building in which sprinklers have been installed at the date of the report. The report must also include an implementation plan, prepared by an architect or engineer, detailing when and how the remaining portions of the building will be made fully compliant.

Building owners who have already submitted a final report on or prior to July 1, 2018, certifying that their building fully complies with the sprinkler requirements set forth in Local Law 26 of 2004 are not required to submit this report.

Extension

Building owners who can provide evidence of undue hardship preventing compliance with Local Law 26 of 2004 may apply for a deadline extension by July 1, 2018.

Need more information?

Please feel free to contact RPO with questions pertaining to Local Law 26 of 2004, how to submit a report and/or file for an extension.

VOLUME 3, ISSUE 3

NYC LOCAL LAW 204 IS GOING INTO EFFECT NEXT MONTH!

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Chapter 33 of the New York City building code is amended to add a new section 3301.12, to read as follows:

Pre-shift safety meetings: Each permit holder at a site that requires a site safety manager, site safety coordinator, or construction superintendent shall ensure that each construction or demolition worker employed or otherwise engaged at such site by the permit holder or performing subcontracted work for or on behalf of such permit holder takes part in a safety meeting at the beginning of such worker's shift, but before such worker commences any construction or demolition work in such shift, in accordance with the requirements of Sections 3301.12.1 through 3301.12.3.

Exception: Where other sections of this code or rules promulgated thereunder specify pre-task or pre-shift meetings for specific types of work, those requirements shall instead apply.

Pre-shift safety meeting to be conducted by a competent person: Pre-shift safety meetings shall be conducted at the beginning of each worker's shift, but before such worker commences any construction or demolition work in such shift, by a competent person designated by the permit holder, or where so authorized by the permit holder, by a competent person designated by the subcontractor. Such competent person shall have the ability to communicate with each worker who takes part in such meeting.

Pre-shift safety meeting content: The pre-shift safety meeting shall include a review of activities and tasks to be performed during the shift, including specific safety concerns or risks associated with fulfilling such work.

Records: The permit holder shall maintain, for each worker, a record of one pre-shift safety meeting per week. Such record shall include for each such meeting:

  1. The date and time of each such meeting;
  2. The name, title and company affiliation of each worker who participated; and
  3. The name, title and company affiliation of the competent person who conducted such meeting, along with such person's signature Read full Local Law 204 here.

Need more information on LOCAL LAW 204

Please feel free to contact Kevin Danielson, Esq. at RPO with questions pertaining to the NYC Local Law 204.

 

2018 BENCHMARKING COMPLIANCE DEADLINE HAS BEEN EXTENDED

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2018 Benchmarking compliance for the 2017 calendar year has been extended. The 2017 calendar year data is now due no later than December 31, 2018.

By letter dated April 24, 2018, the Mayor's Office of Long-Term Planning and Sustainability (OLTPS) has advised the Department of Buildings that compliance with Administrative Code §28-309.4 - Benchmarking Energy and Water Use - has been temporarily suspended.

Pursuant to Administrative Code §28-309.6, OLTPS has temporarily suspended compliance for calendar year 2017 due to unresolved technical issues. The temporary suspension covers calendar year 2017 compliance, which had been due no later than May 1, 2018.

Need more information on benchmarking compliance?

Please feel free to contact Kevin Danielson, Esq. at RPO with questions pertaining to the benchmarking requirement, including how to submit your report.

 

2018 CONTRACTOR CALENDARS ARE AVAILABLE!

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Please contact our Office at

(212) 566-5110 to receive yours.

VOLUME 3, ISSUE 2

DOB IS ENFORCING THE NEW CONSTRUCTION SAFETY TRAINING - LOCAL LAW 196

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Avoid penalties and fines!

  • At a minimum, all workers or supervisors must complete one of the following courses:
  • OSHA 10-hour class; or
  • OSHA 30-hour class; or
  • A 100-hour training program approved by the Department of Buildings (DOB) (such as training received through an apprenticeship program)  

If training is not done, what's the risk?
Penalties, Fines & Potential Stop Work Orders!

Permit holders must certify workers have required training. Fines are $15,000 per untrained worker:

  • $5,000 for the owner
  • $5,000 for the permit holder
  • $5,000 for the employer
  • Permit holders failing to keep log of trained workers face fines of $2,500
  • Department of Buildings (DOB) is planning unannounced site checks where there is a history of untrained workers on the construction crew. They will also be targeting other jobs where it is suspected that permit holders may be in violation.  

Need more information and details on Local Law 196? 
Please feel free to contact Kevin Danielson, Esq. at RPO with questions pertaining to the construction safety training requirements and about Local Law 196.    

2018 CONTRACTOR CALENDARS ARE AVAILABLE!

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Please contact our office at

 

(212) 566-5110 to receive yours.