Volume 9, Issue 2 | Parking Structure Observation Report to be Filed by August 1, 2024

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A new Department of Buildings Rule requires that owners of parking structures in certain Community Districts conduct a one-time initial observation of the parking structure and file a report to the DOB by August 1, 2024.

This initial observation requirement applies to parking structures in Community Districts 8 through 12 in Manhattan, and all Community Districts in Brooklyn, Queens, Staten Island and the Bronx that are required by code to have periodic inspections performed by December 31, 2025 or December 31, 2027.

However, parking structures in Manhattan Community Districts 8 through 12 and Brooklyn Community Districts who submit a periodic inspection report by August 1, 2024, are not required to also have an initial observation performed.

The initial observation must be performed by or under the direct supervision of a NYS-licensed professional engineer who is designated by the Department of Buildings as a Qualified Parking Structure Inspector (QPSI).

Please call us if you would like to engage RPO for consultation about or help with complying with this requirement.

Volume 9, Issue 1 | Adoption of Standards for Installation of Natural Gas Alarms

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On February 12, 2024, the NYC Department of Buildings adopted changes to the code to amend the requirements of Local Law 157 of 2016. Essentially, this change is to adopt the 2023 edition of NFPA standards for the installation and location of natural gas alarms.

Natural gas alarms must be installed in private dwellings, class A multiple dwellings, and class B multiple dwellings as defined in the Housing Maintenance Code, in accordance with the newly adopted changes to LL 157/2016, by May 1, 2025. Buildings with no gas piping or gas service are excepted.

There will surely be penalties assessed in the future for failure to comply, so we hope that this information will be useful in providing our clients plenty of time to comply with these standards. Please feel free to contact RPO to engage for consultation about the requirements specific to your property.

14+ FOUNDATION'S ANNUAL COCKTAIL BENEFIT | NOVEMBER 8TH

Rarely do I reach out and ask clients to participate in philanthropic endeavors. No doubt we all receive numerous solicitations each year and we all have our own priorities about which causes to support.

Having said that, I would like to introduce the 14+ Foundation, to let you know that I am on its fundraising committee, and to invite you to join me in supporting it. This foundation was established to develop, build and operate schools and orphanages in rural African communities.

It was co-founded by someone whom I know personally and have much admiration and respect for - Joe Mizzi. Knowing Joe and participating in many past events, I know first-hand the passion and care that have gone into this cause, and I am familiar with the outstanding work this group has achieved.

I am proud to be a part of the 14+ Foundation and I ask that you consider joining me in supporting it. Here is a link to the website (14+ Foundation) and an exciting up-coming event next week. I hope you will be able to join me there, but if you are unable to, I hope you will still consider supporting this organization.

Wednesday, November 8th, 2023

Cocktail Benefit: 6 PM - 10 PM

Program: 7 PM

Hall Des Lumières

49 Chambers Street

New York, NY 10007

If you would like any information about the foundation or event, please feel free to contact me.

Thank you for your consideration,

Michael Pressel

Volume 8, Issue 5 | 2023 Department of Transportation Holiday Construction Embargo

Please be advised that the Department of Transportation Holiday Construction Embargo will be in effect every day beginning Wednesday, November 15, 2023 through Tuesday, January 2, 2024.

Roadway and sidewalk construction activities will be restricted during the embargo period on the streets within the embargo area, although some projects have already been granted waivers.

If your project is already with RPO don’t worry – we’ve got you covered. We will automatically process Embargo Waiver requests on behalf of our clients whose projects are within the Holiday Embargo area. If you have new work in an Embargo area please let us know as soon as possible so we can obtain the necessary permits and requisite waivers.

And as always, please let us know if you have any questions about waivers in relation to your projects.

Volume 8, Issue 4 | Outdoor Dining is Here to Stay!

On Thursday, August 3, 2023, the New York City City Council approved a bill permanently legalizing the outdoor dining structures that started dotting the city during the Covid-19 pandemic.

Here are some takeaways from this bill:

Restaurants will only be able to serve outdoors between 10 a.m. and Midnight. Permit fees will be based on location and square footage of the restaurant and those fees will be higher for restaurants below 125th Street in Manhattan.

The "shed" type structure will have to eventually be dismantled and replaced with something less obstructive. More decidedly, eating in the city's roadways will only be allowed 8 months out of the year between April 1st and November 30th to exclude the winter months to allow for cleaning, plowing and maintenance of the streets while sidewalk dining will now be allowed year-round.

Restaurants already participating in the emergency program, which started in June 2020, will be permitted to keep their existing dining structures until November 2024, which will create sufficient time for DOT to develop and test new rules for the program and for restaurants to adapt to them.  

Volume 8, Issue 3 | Civil Penalty Increase for Failing to Certify Correction of Class 1 Hazardous Violations

The civil penalties imposed by the NYC Department of Buildings for the failure to correct Immediately Hazardous Class 1 summonses (AEUHAZ) are being increased from $3,000 to $5,000. These civil penalties are in addition to the underlying violations that were initially issued for the alleged hazardous condition.

As a part of the Department's ongoing efforts to compel prompt correction of hazardous violations, increased penalties will apply to summonses issued on or after May 15, 2022, for conditions documented at construction sites with residential development greater than four dwelling units and at all other types of buildings.

Class 1 violations are considered hazardous and require immediate action in order to correct. Once the hazardous conditions are remedied, RPO can assist in properly certifying correction in a timely fashion so as to avoid these penalties for failing to correct.

Jimmy Oddo Named As New Buildings Commissioner!

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RPO extends its warmest congratulations to Jimmy Oddo on his recent appointment as Commissioner of the NYC Department of Buildings. We look forward to working with you in your new role.

Additionally, we commend the DOB for their decision to retain the expertise of Kazimir Vilenchik, PE, as First Deputy Commissioner. Mr. Vilenchik has consistently demonstrated exceptional competence and a willingness to assist throughout his tenure at the department.

We look forward to our continued partnership with you and your team.

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A Feel Good Friday, New York Community Story

Images provided by Sandy Imhoff

A client of ours called on Wednesday with a very unusual request. He explained that a friend of his, Sandy Imhoff, was displaced from her home when the garage at 57 Ann Street collapsed on Tuesday and that her cats were stranded in her apartment.

Tragically, Willis Moore, an employee working in the garage, died when the building collapsed. Sandy was lucky to be able to get out of her apartment with her 88 pound Borzoi named Ava, but she didn’t have time to find her two cats, Cathy and Dave, so she was forced to leave them behind. She went back to the building, which was declared unsafe, and she couldn’t convince anyone to let her back into the building to retrieve her fur babies. She started asking her friends for advice, one of whom is a long-time client of RPO. He called to tell me the story and I made a short list of people at the Department of Buildings who I thought would be willing to help.

Fortunately, the first person on the list was compassionate about the situation and immediately helped by calling the FDNY, who is in control of the building. It took a couple of attempts to locate the kitties, but all involved were persistent and were finally able to capture them using their favorite treats. Now Cathy and Dave have been rejoined with Ava and Sandy.

In the midst of dealing with a real tragedy, it was wonderful that the fine folks at DOB and FDNY recognized how a New Yorker was affected by the collateral damage from this horrible situation and made the extra effort to help out.

By Michael Pressel

Volume 8, Issue 2 | FDNY Permits Reminder

Image by Frankie Lopez on Unsplash

Our violations division posted a reminder to our staff that we thought would be worth sharing with you. 

Reminder: A FDNY permit is required to conduct hot work using oxygen and a flammable gas.  Additionally, storage of flammable gas requires a separate permit. These rules apply to both construction sites and site-specific operations such as repair shops and metal fabricators. 

Call RPO at (212) 566-5110 if you need assistance to obtain these (or any other) permits or if you need assistance in resolving FDNY / DOB / DOT / DEP violations.

Volume 8, Issue 1 | Important Change to NYC DOT Rules for Temporary Construction Signs!

A new DOT rule was issued that requires contractors to place their 5-digit NYC DOT identification number (AKA permittee number) on temporary construction, raised plow, parking or regulatory signs.

Any temporary construction signs that do not adhere to this new rule are subject to violation.

See below for details on this new DOT rule:

Your 5 digit NYC DOT identification number must be a fixed to the sign using a waterproof label or sticker. The font must be Arial black, 3/4" in height and width. Use must place the label or sticker in the following locations:

  • Front of Sign at the bottom right corner

  • Back of Sign at the bottom right corner

  • Back of Sign at the bottom left corner

Please let us know if you have any questions.