RPO IS PLEASED TO WELCOME
WILLIA GAILLARD!
RPO is delighted to welcome Willia Gaillard to our team as Project Manager.
Willia is a graduate architect with over 15 years in the business. Willia comes to us from the NYC Department of Buildings where she was a Plan Examiner and Project Advocate. Prior to that she worked with other consultants and she is keenly adept with all aspects of DOB process from code/zoning through approvals and Certificates of Occupancy.
We are delighted to have Willia as a part of our team.
LOCAL LAW 152 OF 2016
PERIODIC INSPECTION OF GAS PIPING
RPO previously reported about Local Law 152 which became effective November 2, 2019, with required inspections set to commence the period beginning on January 1, 2020.
Local Law 152 of 2016 will require periodic inspection of gas piping in buildings other than R-3 dwellings.
For existing buildings, an inspection must be conducted every four 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. This does not include gas piping within apartments. 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.
DATE RANGE FOR INSPECTION
BUILDINGS IN COMMUNITY DISTRICTS
January 1, 2020 – December 31, 2020
Districts: 1, 3 and 10 in all boroughs
January 1, 2021 – December 31, 2021
Districts: 2, 5, 7, 13, and 18 in all boroughs
January 1, 2022 – December 31, 2022
Districts: 4, 6, 8, 9, and 16 in all boroughs
January 1, 2023 – December 31, 2023
Districts: 11, 12, 14, 15, and 17 in all boroughs
Subsequent inspections must be completed no later than December 31st within every fourth calendar year thereafter.
Inspection Filing Process
LL152 inspections must occur within the calendar year denoted in the Inspection Cycle for those applicable buildings. Within 30 days of the inspection, the licensed master plumber (LMP) must provide to the building owner a Gas Piping System Periodic Inspection Report (GPS1).
Within 60 days of the inspection, the OWNER must submit to DOB a Gas Piping System Periodic Inspection Certification (GPS2) signed and sealed by the LMP who conducted or supervised the inspection. GPS2 submission is to be completed by the Building Owner on the NYC Department of Buildings GPS2 submission portal. There is no filing fee. According to DOB, no login will be required but DOB reiterated that the law and rule state that the owner must submit the GPS2 form that has been completed by the LMP.
If the Inspection Certification submitted to DOB indicates that conditions requiring correction were identified in the Gas Piping System Periodic Inspection Report submitted to the owner, the owner must submit to DOB, within 120 days of the inspection, an Inspection Certification signed and sealed by the LMP who conducted the inspection, stating that the conditions have been corrected.
If the Inspection Certification submitted to DOB indicated that additional time was needed to correct the condition(s) identified in the Inspection Report, the owner must submit, within 180 days of the inspection, an Inspection Certification signed and sealed by an LMP stating that all conditions have been corrected.
Correction of conditions identified in the Inspection Report must be performed in compliance with the NYC Construction Codes, including obtaining any required work permits.
All reports and certifications must be kept on file by the inspection entity and the building owner for 10 years.
Failure to submit certification will be classified as a major violation and may result in a civil penalty up to $10,000.00.
VIOLATION NOTIFICATION REQUIREMENT
For our property management clients – please be advised that the following sections concerning notification of violations to occupants of dwelling units have been incorporated in the Building Code. Make sure that proper notifications are posted when there are active violations at your address.
§28-204.1.2 Notice of violating conditions outside of occupied dwelling units. An owner must post a copy of a notice of violation that relates to a violating condition outside of an occupied dwelling unit, including in a common area or affecting all residents, of such owner’s building in a conspicuous manner in the building’s lobby until such violation has been closed. In addition, such owner shall post a flyer or pamphlet, created by the department, with information about the adjudication process. Such notice of violation and flyer or pamphlet shall be posted as soon as practicable, but no later than five calendar days after it has been served.
§28-204.1.3 Notice to occupants of violating conditions in occupied dwelling units. An owner must distribute a copy of a notice of violation to the resident of an occupied dwelling unit where such violation relates to a violating condition that is present within such dwelling unit, and to residents of occupied dwelling units adjacent to such dwelling unit. In addition, such owner shall provide such residents with a flyer or pamphlet, created by the department, with information about the adjudication process. Such notice of violation and flyer or pamphlet shall be distributed to such occupied dwelling units as soon as practicable, but no later than five calendar days after it has been served.
EXCESSIVE VIOLATIONS IN MULTIPLE DWELLINGS
RPO has long advocated that building owners should make best and immediate efforts to resolve open violations and to sign-off or withdraw filings for completed or abandoned work. The law for multiple dwellings below seems to be a first step toward limiting building owners’ ability to conduct business at the Department of Buildings if they ignore violations. While the violation threshold under this section of law will only affect the most egregious offenders, this new section supports the importance of resolving violations and open applications, which tend to come to light at the most inopportune moments such as during refi or sales of properties. Please contact RPO if you require assistance closing out any open applications or violations.
§28-105.1.3 Denial of permits for excessive violations. The commissioner shall, no less than once every six months, compile a list of multiple dwellings that includes:
All multiple dwellings containing fewer than 35 units that have a ratio of open hazardous or immediately hazardous housing maintenance code violations or immediately hazardous or major construction code violations that equal in the aggregate three or more such violations for every dwelling unit in such multiple dwelling; and
All multiple dwellings containing 35 units or more that have a ratio of open hazardous or immediately hazardous housing maintenance code violations or immediately hazardous or major construction code violations that equal in the aggregate two or more such violations for every dwelling unit in such multiple dwelling. The commissioner shall not issue permits for multiple dwellings on such list. If the owner of a multiple dwelling on such list corrects open hazardous or immediately hazardous housing maintenance code violations or immediately hazardous or major construction code violations in such multiple dwelling so that the ratio of such violations to the number of dwelling units in such multiple dwelling falls below those outlined in this section, the commissioner shall remove such multiple dwelling from such list. Such denial shall not apply where a dwelling unit within such multiple dwelling is owned as a condominium or held by a shareholder of a cooperative corporation under a proprietary lease.
Exceptions:
Where the issuance of such permit is necessary to correct an outstanding violation of this code, the housing maintenance code or any other applicable provisions of law or rule.
Where the issuance of such permit is necessary to perform work to protect public health and safety.
For a portion of a property occupied by a tenant who is not an owner of such property or responsible for any existing violations in such property.
Where a property was the subject of an in rem foreclosure judgment in favor of the city and was transferred by the city to a third party pursuant to section 11- 412.1 of the code.
Where a property is the subject of a court order appointing an administrator pursuant to article 7-a of the real property actions and proceedings law in a case brought by the department of housing preservation and development.
Where a property is the subject of a loan provided by or through the department of housing preservation and development or the New York city housing development corporation for the purpose of rehabilitation that has closed within the five years preceding the application for such permit.
For a property where the department of housing preservation and development or the New York city housing development corporation notifies the commissioner that the permit is required in connection with the implementation of a program of such department or corporation.