A PERSONAL MESSAGE FROM MICHAEL PRESSEL
On a personal note, my wife has decided to change ambitions and end her 20+ year career of owning the award winning Inn at Glencairn Bed and Breakfast in Princeton, NJ.
The 18th century home with outbuildings is now for sale, so if you know anyone who is interested in living in a historic home or running a bed and breakfast please forward the following link to them:
Inn At Gleincairn
The Inn has been a temporary home to a number of dignitaries and celebrities over the years who were visiting area prep schools such as The Lawrenceville School, The Pennington School, Hun, Princeton Day School or who were performing and filming at Princeton University. It has also been the location for numerous, memorable RPO Outings. Please reach out if you have any questions.
Michael Pressel
President
VOLUME 10, ISSUE 6: NYC Establishes New Energy Storage Rules
Photo by Governor Bob Ferguson
New York City’s Department of Buildings issued notice on September 17, 2025 that it adopted two new rules on stationary electrical energy storage systems (ESS). These rules take effect on October 26, 2025. ESS, which can be inside and on top of New York City buildings, should be designed, installed, operated, and monitored in ways that ensure the systems’ safety. The Department thus promulgated the rules to set safety criteria standards.
ESS collect and set aside energy that can supply electricity at a later time depending on the demand and provide several benefits:
They supply backup power to the electrical grid for outages, making the grid more reliable.
They improve renewable energy sources’ dependability, storing renewables’ excess energy during periods of low demand.
They reduce New Yorkers’ energy costs, storing excess energy when energy costs are cheaper during off-peak times and releasing the energy during peak periods.
The aforementioned rules mandate the following:
Clarifies design, filing, construction, installation, commissioning, operation, maintenance, and decommissioning of specified indoor and outdoor ESS.
Establishes reporting requirements.
Requires construction applications be filed with DOB.
Mandates that permits must be acquired for both construction and electrical work before ESS projects begin.
Requires registration with the Department:
New ESS: owners/managers must register before operation.
Existing ESS: must be registered within three years of rule’s effective date
Modifies NFPA 855 (national standard for ESS installation) to address New York City’s unique urban environment.
Expanded scope applies to:
Indoor stationary ESS
Mobile/portable ESS installed in stationary settings
Storage of lithium metal and lithium-ion batteries
Please contact RPO with any questions related to these new changes.
VOLUME 10 | ISSUE 5: New Local Law Significantly Changes Requirements for Sidewalk Sheds
Photo by Kathleen
Local Law 47 of 2025 is now in effect and mandates some critical changes as it pertains to sidewalk sheds:
New sidewalk sheds filed on/after August 15, 2025 must have a minimum clear ceiling height of 12 feet which is a significant increase from the previous required minimum height of 8 feet.
Sheds filed prior to August 15, 2025 are not required to be modified to this new standard.
Lighting and certain bracing are excluded from the height measurement, provided code requirements are met.
If the 12-foot ceiling height interferes with required air, light or egress for building occupants, the height may be reduced to between 8 and 12 feet provided there is proper documentation from the Registered Design Professional.
Additionally, minimum illumination under sidewalk sheds has been increased to 1.5 foot-candle and if the walking surface is within 10 feet of a subway entrance, bus shelter or similar facility, the minimum requirement is 5 foot-candle.
Finally, acceptable colors for sidewalk sheds now include hunter green, metallic gray or white. However, sheds must be uniform in color with exceptions for metallic elements and parapet mesh and sheds and fences at the same site must match in color.
Please contact RPO with any questions related to these new changes.
VOLUME 10 | ISSUE 4: Stricter Enforcement Measure Enacted for Facade Repairs
Photo by LeoSynapse on Freeimages
A new local law, LL 51 of 2025, is now in effect which significantly changes the allowable timeline for façade repairs. Upon issuance of a sidewalk shed permit, the following deadlines apply:
Construction documents must be filed within 5 months
DOB permit applications must be filed within 8 months
Repair program must be completed within 2 years
Failure to meet any of these deadlines will result in violations and fines ranging from $5,000 to $20,000.
The only exceptions to this local law apply to sidewalk sheds installed in conjunction with permitted new building, enlargement or demolition work.
Extension may be granted if submitted in advance and approved by the Department of Buildings.
VOLUME 10 | ISSUE 3: 2025 NYC Electrical Code: Electrical Jobs Filed in BIS
Image by Michal Jarmoluk from Pixabay
Effective August 23, 2025, all electrical jobs filed in the Buildings Information System (BIS) that have not been signed off by the Department of Buildings (DOB) will be marked as Abandoned in BIS.
To complete and sign off on an Abandoned BIS job, you must reinstate it in DOB NOW: Build.
If you have any electrical applications ready for sign-off, we recommend starting the process now to avoid additional steps or potential issues in DOB NOW due to upcoming system changes.
For more info refer to Buildings Bulletin 2024-008 for guidance on when to apply the 2025 NYC Electrical Code vs. the 2011 edition.
VOLUME 10 | ISSUE 2: Increased Penalties In Effect for Retaining Wall Rules
Image from Meg
Several amendments to the New York City Department of Buildings rules (1 RCNY 103-09) pertaining to retain wall inspections are now in effect. Most noteworthy are increased penalties for non-compliance:
• Failure to file an acceptable report: Increases from $1,000 per year to $5,000 per year.
• Late filing of a report: Increases from $250 per month to $1,000 per month.
• New penalty for failure to correct SREM (safe with repairs and/or engineering monitoring) conditions: $2,000.
Additionally, in effect are amendments related to retaining wall inspections, filing requirements and waivers. These details can be found here.
Please contact RPO with any questions related to these new rules.
VOLUME 10 | ISSUE 1: Benchmarking Compliance Deadline Extension
Image from prostooleh
The NYC Department of Buildings has extended the deadline for submitting 2024 Benchmarking reports. Property owners now have until June 30, 2025, to file their annual Energy and Water Use date without facing violations or penalties.
This extension comes in response to the launch of the new LL97 Reporting Portal on March 3, 2025, which changed the submission process for compliance with Local Law 97 (LL97) and Administrative Code §28-309.4.
Key Updates:
New Benchmarking Deadline: June 30, 2025
LL97 Deadline Extension: Owners subject to LL97 may request an extension to August 29, 2025, via the portal (filing fee required). If granted, this also extends the Benchmarking deadline to August 29, 2025.
If you need assistance complying with the new submission process, please contact RPO Inc.
Volume 9 | Issue 9: First DOB Parking Structure Inspection Violations To Come In November
Image from Stephen Woods
On October 28, 2024, the DOB issued a service notice regarding Failure to File the 2023 Parking Structure Inspection Report Violations to be issued. Beginning November 2024, the Department will issue violations for Failure to File an Initial Parking Structure Report for the cycle ending December 31, 2023 (Subcycle 1A).
Key Details Regarding the Violations:
Violation Type: These are DOB (non-OATH) violations, each carrying a penalty of $5,000/year.
Annual Penalties: Currently it is unclear whether the DOB will issue additional penalties each year the report remains unfiled. We will provide updates as more information becomes available.
Separate from Late Fees: These violations are distinct from any monthly late fess that may have been assessed when filing.
Subcycles 1B and 1C Violations: These violations are unrelated to the failure to file initial observations for Subcycles 1B and 1C. Although violations for these infractions have been announced, our team has not yet independently observed them. A separate Service Notice may be issued for these in the future.
*Legislation has been passed, increasing inspection frequency from every 6 years to every 4 years, effective at the end of Subcycle 1C in 2027*
If you require assistance, RPO can refer a licensed professional, provide guidance, and resolve any violations that may arise.
Volume 9 | Issue 8: Annual Parapet Observation
Image from Spencer Means
The NYC Department of Buildings is now requiring an annual observation/inspection of all public facing buildings with a parapet, regardless of height except for detached one- or two-family homes and building with a fence or other barrier preventing access to the exterior wall.
This observation must be performed by a person who is competent to inspect parapets, who shall prepare a report of the observation. Owners are required to maintain the observation reports for at least 6 years and make the reports available to DOB upon request.
If hazardous or unsafe conditions are detected, the person performing the observation must immediately notify the DOB and the owner must immediately install public protection, such as erecting sidewalk sheds, fences, and safety netting to secure the safety of the public and have the unsafe conditioned remedied.
The unsafe condition must be corrected within ninety (90) days from the notification to DOB.
Please contact RPO Inc. if you would like assistance in complying with this requirement.
Volume 9 | Issue 7: NYC Department of Transportation Enacts Open Streets Program
Image from nycstreets
The NYC Department of Transportation has recently established a year-round “Open Streets” program that allows certain streets to be closed to vehicles during the day and some evenings to promote pedestrian flow and limit automobile use adjacent to certain businesses and community facilities. The program also addresses street closures adjacent to schools when they are in operation.
Some Limited Local Access streets will also be established with shared streets open to vehicles, pedestrians and bikes with a 5 MPH speed limit.
The Open Streets initiative is separate and distinct from DOT’s initiative to promote sidewalk and roadway dining.
Call 212-566-5110 to engage RPO for consulting related to your business or service that may benefit from the Open Streets program.
Volume 9 | Issue 6: An Update From The Department Of Transportation On The Global IT Outage
Image by @rawpixel.com
On Friday July 19th, the largest IT outage in history occurred causing major problems for those utilizing a Microsoft product/software. As a result, NYC agencies, such as the NYC Department of Transportation, was forced to temporarily shut down due to their programs crashing. The NYC DOT Construction Permit Office issued the following statement addressing the ongoing delays:
"As of 7/23/2024: Due to the ongoing effects of the Crowdstrike outage and short staffing, there are delays regarding Insurance Updates, CGL Policy Reviews, and New Permittee Registration.
Due to the same issues, permit management staff will not be able to provide updates on when an application will be ready as we address backlogs to resume normal operations.
We apologize for any inconvenience. We and our IT support staff are working tirelessly to get permit management back to 100%."
While it is expected that DOT needs to catch up on its backlog from the past couple of days, RPO is keenly aware of the submissions that have been made on behalf of their clients and will remain vigilant and proactive to be certain that services being prosecuted through DOT are not delayed longer than would reasonably be anticipated.
Volume 9 | Issue 5: Changes To Zoning Use Groups
Image by JJBers
Effective June 6, 2024, the New York City Zoning Resolution (ZR) was amended to provide new zoning uses, new Use Group categories and new numbering conventions which have been transitioned from Arabic numbers 1-18 to Roman numerals I-X. Applicants will now be required to enter the proper zoning Use Group numbers in Roman numerals on applications for any new job filing and on applications not approved as of July 1, 2024, that contain new or changed zoning use groups.
Applications approved prior to July 1, 2024, may continue to use the old zoning designations for TCOs and Final CO, in which case a comment will be added to TCOs and FCOs stating acceptability to use prior zoning use designations.
Similarly, PAAs filed after July 1, 2024, may continue to use the old zoning UG designations used on the Initial (I-1) filing.
The Department of Buildings encourages use of the new Roman numeral designations even when former Arabic numerals are permitted.
RPO Project Managers will notify clients whose projects are affected by this change, but clients should always feel free to contact us with any questions they may have.
Volume 9 | Issue 4: New York City Adopts Revised Definition Of “Major Building”
Image by a cheerful texas
New York City has adopted proposed legislation (NYC Intro #2263) which will lower the threshold of what is considered a “Major Building” to seven stories or 75 feet in height. Prior to this legislation, the New York City Building Code defined “Major Building” as a construction site involving an existing or proposed building of ten or more stories or 125 feet in height.
This change will trigger the mandate for the presence of Site Safety Managers or Site Safety Coordinators on new building projects, major alterations and demolitions of buildings meeting the aforementioned criteria. Site Safety Plan approval will also be required for the qualifying projects meeting this new definition.
NYC Intro #2276 has also been enacted which requires DOB-Licensed Construction Superintendents to serve full-time alongside the Site Safety Coordinators or Site Safety Managers at the newly defined Major Building Construction Sites (seven stories or 75 feet in height).
These new regulations go into effect in November of this year so please consider these rules for projects that will be issued permits at that time and moving forward.
We anticipate that DOB will release more information regarding the specific implementation of the above rules and the potential effects that these changes will have on future projects. RPO Inc. will keep you apprised of this information as it becomes available so stay tuned!
Volume 9 | Issue 3: New Requirement: DOB NOW Login Using NYC.ID Account
Starting today, DOB Now users are required to have a NYC.ID account. The NYC.ID account is required to access DOB Now: Build, Safety, BIS Options and Licensing modules. Users without a NYC.ID account will not be able to access this information.
While all users have been notified of this requirement already, many of our clients are experiencing difficulty in establishing this account. RPO offers assistance in establishing this account as a service. Please contact RPO if you would like assistance in completing this requirement.
Volume 9 | Issue 2: Parking Structure Observation Report To Be Filed By August 1, 2024
Image by Toshiyuki IMAI
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
Image by vectorjuice
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+ Foundations Annual Cocktail Benefit | November 8th, 2023
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!
Image by Eden, Janine and Jim @Flickr
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
Image by Ervins Strauhmanis @Flickr
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.