Volume 5 | Issue 4: NYC Department Of Buildings Guidance About NYS Governor’s Executive Order 202.6
Guidance to determining whether a business enterprise is subject to a workforce reduction
In accordance with NYS Governor’s Executive Order 202.6 and the Guidance on Executive Order 202.6 and subsequent orders published by NYS ESDC Item 9,
All non-essential construction must shut down except emergency construction, (e.g. a project necessary to protect health and safety of the occupants, or to continue a project if it would be unsafe to allow to remain undone until it is safe to shut the site).
Essential construction may continue and includes roads, bridges, transit facilities, utilities, hospitals or health care facilities, affordable housing, and homeless shelters. At every site, if essential or emergency non-essential construction, this includes maintaining social distance, including for purposes of levators/meals/entry and exit. Sites that cannot maintain distance and safety best practices must close and enforcement will be provided by the state in coordination with the city/local governments. This will include fines of up to $10,000 per violation.
For purposes of this section construction work does not include a single worker, who is the sole employee/worker on a job site.
Only the following construction projects permitted by the NYC Department of Buildings or otherwise regulated by the NYC Construction Codes and the NYC Electrical Code shall be permitted to continue until further notice.
(This guidance does not apply to construction on roads, bridges, and transit facilities that is allowable under the Governor’s Executive Orders and ESDC Guidance).
1. Emergency construction (ESDC Item 9, bullet 1):
a. Project necessary to protect the health and safety of the occupants:
i. Emergency work ordered by the Department;
ii. Restoration of essential services – heat, hot water, cold water, gas, electricity, or other utility services; or
iii. Work necessary to address any condition requiring immediate corrective action that severely affects life, health, safety, property, or significant number of persons.
b. Project required to continue to the extent it would be unsafe to allow work to remain undone. Such project may continue only until it is safe to shut the site.
2. Essential construction (ESDC Item 9, bullet 2):
a. Utilities;
b. Hospitals or health care facilities;
c. Transitional and/ or Homeless shelters;
d. Affordable housing: Construction work on public housing, or a private or multiple dwelling or real property that is a new building (NB) or that is 100% vacant; or is work on unoccupied public housing units for the designation as housing for specific populations (i.e. shelter set aside, domestic violence referrals), or work on the exterior to address emergency conditions requiring immediate corrective action, set forth in Section 1(a)(iii) or within public housing, correction of criticalsystems for seasonal preparedness for the 2020-2021 heating season of an existing public housing building. Construction work on a private or multiple dwelling or real property that is a new building (NB) or that is 100% vacant that is now used or will be converted to such use: (i) For the provision of affordable inclusionary housing or mandatory inclusionary housing pursuant to the New York city zoning resolution; or (ii) Where no less than 30% of the residential units are subject to a regulatory agreement, restrictive declaration, or similar instrument with a local, state, or federal governmental entity or a local housing authority in a city with a population of one million or more.
e. Other essential construction as approved by the Department.
3. Work that is limited to a single worker, who is the sole employee/worker on a job site (ESDC Item 9, bullet 3)
ALL OTHER WORK TO CEASE
All other construction and demolition work permitted by the NYC Department of Buildings or otherwise regulated by the NYC Construction Codes and the NYC Electrical Code shall cease and comply with Buildings Bulletin 2020-004: Click to Read
All complaints from the public or workers should be directed to 311 where a Class “A” complaint will be generated for DOB to address.
For a determination that work is either essential or emergency work in accordance with New York State Gubernatorial Emergency Order 202.6 and subsequent orders and related Empire State Development Corporation guidelines shall be submitted to the Department in a form and manner acceptable to the Department. (No guidance has been provided for this procedure yet, but this notice should be sufficiently clear as to what is and is not permitted).
AFTER HOURS WORK: Any after-hours work variances that have been issued for projects that are not considered emergency work or essential work are no longer valid. Emergency work and essential projects may continue to apply for after-hours work variances; RPO will continue to facilitate this service, if requested.
Volume 5 | Issue 3: Coronavirus (COVID-19) Update & DOB Notification
CORONAVIRUS (COVID-19) UPDATE
Despite the ongoing pandemic, please note that RPO Inc. still have staff personnel in the field to attend meetings or other tasks which can only be achieved by visiting city agencies in person. We are committed to providing our clients the highest level of support!
The rest of our staff will primarily be working remotely. While the NYC Department of Buildings currently remains open, some procedural changes have been implemented. As a result, this change in practice could potentially limit our ability to perform required services as usual and some slow-downs might ensue. However, be assured that project teams are reachable as usual via email or phone so please do not hesitate to contact us. Additionally, keep in mind that RPO Inc. is committed to doing its part to ensure the safety and well-being of our employees and others. Therefore, in accordance with the recommendations of local/national health officials, we are practicing social distancing methods, limiting travel and minimizing face-to-face meetings.
DOB NOTIFICATION CONCERNING
COVID-19
New York City’s guidelines still have not called for a stoppage on construction activity. However, please be advised that if you do decide to close down your construction site, you must inform Department of Buildings and the following requirements must be followed:
Have the site secured to prevent access from any unauthorized personnel. This includes maintenance of construction fencing and posting of permits.
Maintain and secure all scaffolding, debris netting, sidewalk sheds, and temporary walkways.
Maintain all adjoining property protection.
Maintain all guardrails, edge protection systems such as netting and cocoon systems, and floor and shaft opening protection.
Store and maintain cranes in accordance with manufacturer recommendations and approved CN drawings.
Ensure the proper shoring of excavated sites or backfill.
Ensure construction equipment is safely stored and maintained in accordance with manufacturer recommendations.
Ensure construction materials are safely stored. Any light-weight materials susceptible to becoming wind-borne must be removed from the site, tied-down, or ballasted.
Maintain any fire suppression and detection systems.
Maintain all essential utilities.
Remove any volatile gases and liquids.
Remove any standing water and construction debris.
Ensure public sidewalks are clear and clean.
Obviously, this is a rapidly evolving situation and we will continue to keep you apprised moving forward. For more information on the above changes, please contact RPO Inc.
Volume 5 | Issue 2: New Signage Requirements And Changes To Local Law 11, Facades Inspection And Safety Program (FISP)
SIGNIFICANT CHANGES TO LOCAL LAW 11, FACADE INSPECTION AND SAFETY PROGRAM (FISP)
New rules adopted January 14, 2020 have made substantial changes to inspections, reporting requirements, and civil penalties associated with New York City Department of Buildings Facade Inspection and Safety Program (FSIP).
The following significant changes will go into effect for Cycle 9 of the FISP:
New Standards for Façade Inspectors: Qualified Exterior Wall Inspectors (QEWI’s) are now required to have seven or more years of experience. QEWIs will have to provide detailed resumes to the NYC DOB to show that they have relevant experience and knowledge of NYC building codes and facade rules.
The NYC DOB will now require more comprehensive facade examinations and more detailed reporting requirements with increased description of observations and photographic evidence of inspections.
Financial penalties for owners have been significantly increased for failure to file reports, as well as late filings, and failure to correct unsafe conditions, when extensions of time have not been granted.
For more information on the new FISP Cycle 9 please contact RPO Inc.
New Signage Requirements for Privately Owned Public Spaces (POPS)
The City Council recently adopted a zoning text amendment that updates public space signage regulations at privately owned public spaces (POPS).
It requires that all new and existing POPS, including plazas, arcades, sidewalk widenings and other publicly accessible spaces that were created by a variance or floor area bonus, install a signage scheme incorporating the new, specific POPS signage / symbol. Proposed designs are to be submitted for review by the City Planning Commission by Aug. 3, 2020, if the POPS does not have signage installed that was previously approved by DCP.
POPS that already have signage that was previously approved by DCP have until Feb. 5, 2022, to submit new signage schemes.
Volume 5 | Issue 1: Local Law Of 512 of 2016, Inspection Filing Process, Violation Notification Requirement & Excessive Violations In Multiple Dwellings
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.
Volume 4 | Issue 8: Sustainable Roofing Zone Requirements & Stand-Off Brackets Attached To Cornice Hooks (C-Hook) Are Prohibited Until Further Notice
Sustainable Roofing Zone Requirements
Effective November 15, 2019, Local Laws 92 and 94 of 2019 will amend the 2014
Administrative Code and Chapter 15 of the New York City Building Code to require, subject to certain
exceptions (see below), new buildings, new roofs resulting from enlargement of existing buildings, and existing building replacing an entire existing roof deck or roof assembly to be provided with a “sustainable roofing zone,” 100 percent of which must be a solar photovoltaic electricity generating system, a green roof system, or a combination thereof.
Projects with construction documents approved on or after November 15, 2019 are subject to the requirements of LL 92 and 94 of 2019, unless the construction documents have attained BIS job status K (plan exam partial approval) prior to such date.
Projects with roof work as described above will be required to comply except the following:
Areas required to be set aside for setbacks or access pursuant to the New York City Fire Code, New York City Construction Codes or the Zoning Resolution of the City of New York. For example, rooftop access areas required by Fire Code section 504.4 and 512.3.1 that must be kept clear are excluded from the sustainable roofing zone.
Areas occupied by rooftop structures, water towers, greenhouses, mechanical equipment, towers, antennas, parapets, guardrails, solar thermal systems, equipment access pathways and appurtenances.
Areas occupied by obstructions related to stormwater management practices including, but not limited to, cisterns, or reuse systems that are installed to comply with site connection or stormwater construction permits issued by the Department of Environmental Protection.
Building setbacks including terraces that are existing non-complying pursuant to the New York City Zoning Resolution, or that are voluntarily provided. However, each setback must comprise less than 25 percent of the area of the largest floor plate in the building.
Recreational spaces that are integral to the principal use of the building on which the rooftop is located, including but not limited to playgrounds and participant sport areas for sports facilities and schools,
Quality Housing recreation spaces, roof terraces and passive recreation areas that are documented on the certificate of occupancy or Department of Buildings approved filing as outlined in Building Bulletin 2018-002.
Pitched roofs (roof slopes greater than 17 percent) that would accommodate less than 4kW of solar photovoltaic electricity generating capacity. Supporting documents, including calculations and shading report by a qualified contractor or NYS registered design professional, shall be submitted. See Part D2 below.
Areas where site conditions are determined by the Department to be unfavorable to either a solar photovoltaic electricity generating system or a green roof system. For example, in cases where the entire roof assembly including roof deck is replaced, but the building structure cannot support the added weight of a sustainable roofing zone, a statement by a NYS registered design professional shall be submitted to the Department to substantiate the practical difficulty due to structural limitation.
STAND-OFF BRACKETS ATTACHED TO CORNICE HOOKS (C-HOOKS) ARE PROHIBITED UNTIL FURTHER NOTICE
In accordance with §28-113.1, until such time as the Department is able to further study the utilization of stand-off brackets and promulgate regulations to ensure their safe installation and use, the installation or use of a stand-off bracket attached to a cornice hook (C-hook) to provide a suspended scaffold additional outreach from the face of a parapet or wall is hereby prohibited.
The Department has identified the use of a stand-off bracket as a contributing factor in recent suspended scaffolding incidents.
A stand-off bracket is a rigid member that extends an assembly. This bulletin applies to the installation or use of a stand-off bracket attached to a cornice hook (C-hook) in order to provide a suspended scaffold additional outreach from the face of a parapet or wall. See illustration above.
Volume 4 | Issue 7: New Requirement: Site Safety Training Information - Signs At Construction Sites
New Requirement: Site Safety Training Information - Signs at Construction Sites
Beginning October 15, 2019, general contractors must post worker safety information signs at construction sites where site safety training is required.
The signs must:
Contain specific information about required worker safety training, including all site safety training deadlines and the number of required training hours, and the information must be in all the languages used by workers to communicate at the construction site.
In addition, the signs must be clearly visible to workers and must be posted at the construction site as follows:
Sites with construction fencing must post a sign at each egress point on the inside of the construction fencing, including vehicle delivery fence gates and existing loading docks.
Sites without construction fencing must post a sign at each egress point within the controlled access zone where construction is taking place and at each existing loading dock or location being used for construction delivery or access.
To comply with the new requirements, the posted sign must:
Be 44 inches wide and 30 inches high;
Have letters at least 1 inch (25 mm) high;
Have white letters on a blue background; and
Be made of a durable and weatherproof material such as vinyl, plastic, or aluminum that is flame retardant.
Signs must be posted in all first languages spoken by workers at the site.
Volume 4 | Issue 6: NYC DOT 2019 Holiday Construction Embargo Notification
NYC DOT 2019 HOLIDAY CONSTRUCTION EMBARGO NOTIFICATION
A Department of Transportation Holiday Construction Embargo shall be in effect from 6:00 am Friday, November 15th through 11:59 pm Thursday, January 2nd. During this time, only emergency work may be performed provided an emergency number is received from the New York City Department of Transportation unless specific permission to work during the embargo is obtained prior to that time. Any non-emergency permits issued prior to the date of this notice shall be considered to be suspended unless special permission is granted. Utility cover openings will also be restricted unless an emergency authorization number is obtained from the Department of Transportation. There will be strict enforcement of this embargo with non-compliance resulting in violations, stop work orders and revocation of permits.
Please note, the deadline for submission of requests to work during the Holiday Embargo period, is Thursday, October 31, 2019, but we strongly advise applying as far in advance as possible.
We will automatically apply for permission to work during the construction embargo for all clients we obtain DOT permits for in the affected areas.
Clients who have questions about how the embargo affects their projects should feel free to contact Joe Dodds or Ginette Celestin at 212-566-5110.
Volume 4 | Issue 5: 14+ Foundation Annual Cocktail Benefit
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 who 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 has 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 read about it and consider joining me in supporting it. Here is a link to the website (14+ Foundation) and an exciting up-coming event on October 10th. I hope you will be able to join me there.
Thursday, October 10th, 2019
Cocktail Benefit: 6 PM - 11 PM
Sony Hall
235 West 46th Street, NYC
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 4 | Issue 4: Local Law 158 Of 2017: Restriction On Professionally Certified Filings - Now In Effect!
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: DOB NOW Expanding Requirement For Certain Applications & Deadline Extended For Local Law 196 Site Safety Training Requirements
Department of Buildings Notice: DOB NOW Expanding Requirement for Certain Applications
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.
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!
Please contact our office at (212) 566-5110 to receive yours.
Volume 4 | Issue 2: On-Site Safety Inspections Site Safety Plans
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.
------------------------------
2019 CONTRACTOR CALENDARS ARE AVAILABLE!
Please contact our office at (212) 566-5110 to receive yours.
Volume 4 | Issue 1: Elevator Door Monitoring Requirements Looming
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
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
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: NYC DOT 2018 Holiday Embargo Notification
NYC DOT 2018 HOLIDAY EMBARGO NOTIFICATION
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.
Volume 3 | Issue 4: Tenant Protection Plan Notice To Occupants & Reminder: Sprinkler Compliance Reports - Local Law of 2004
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
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! & 2018 Benchmarking Compliance Deadline Has Been Extended
NYC LOCAL LAW 204 IS GOING INTO EFFECT NEXT MONTH!
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:
The date and time of each such meeting;
The name, title and company affiliation of each worker who participated; and
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
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!
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
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!
PLEASE CONTACT OUR OFFICE AT (212) 566-5110 TO RECEIVE YOURS.
Volume 3 | Issue 1: DOB Civil Penalty Increase For Work Without A Permit Violations & Charging Fees to File Determinations January 28th, 2018
Recent legislation, passed on December 28, 2017, has increased the civil penalties for Work without a Permit violations issued by the Department of Buildings.
The penalty for work without a permit on a one or two family dwelling will be increased to six times the amount of the fee payable for the permit. The minimum has been raised to $600 with a maximum penalty of $10,000.
The civil penalty for work without a permit on buildings other than a one- or two- family dwelling is increased to 21 times the amount of the fee payable for the permit. The minimum has been increased to $6,000 with a maximum penalty of $15,000.
Please note that it is unknown at this time when the above changes will go into effect, but we will post updated information when it becomes available. Please feel free to contact Kevin Danielson, Esq. at RPO with questions pertaining to this new legislation or for any of your violation needs.
DEPARTMENT OF BUILDINGS CHARGING FEES TO FILE DETERMINATIONS JANUARY 28TH, 2018
Effective January 28th, 2018, Construction Code Determinations (CCD1) and Zoning Resolution Determination (ZRD1) requests submitted to the Department for review are subject to the following fees.
CCD1 or ZRD1 request for Determination (Borough Commissioner) = .................$1,000
Pre-Determination (pre-filed jobs) Request
Request for variance of a Code requirement or MDL section 277.16
Appeal of an affirmation of an objection after a second plan examination review***
Appeal of CCD1 or ZRD1 Determination (Technical Affairs) = ..............................$2,500
*** Plan examination objections will go through a mandatory second plan examination review.
Determinations filed for clarification or interpretation of the Code or Zoning (resulting from plan examiner objection) are not subject to fee payment. Please feel free to call RPO, Inc., if you have any questions concerning this.
Volume 2 | Issue 10: DOB NOW: BUILD (Continued)
DOB NOW continues to expand its incorporation of permit filings. It now includes electrical and elevator filings to commence December 4, 2017.
It will be MANDATORY to submit electrical and elevator filings in DOB NOW: Build.
Also MANDATORY is the registration of all stakeholders in order to use the system. Owners, applicants of record, inspectors and contractors MUST BE REGISTERED in order to use the system.
This new launch follows the recent rollout of DOB NOW: Build for sidewalk shed, supported scaffold, fence, curb cuts, façade repair and sign job filings.
The eFiling Registration Form is the portal to register for DOB NOW: Build, however because of the limitations of the system at the present time, we recommend working with RPO to develop a strategy for registration so we can best assist you with the filings that require stakeholder involvement as well as the maintenance of the required on-line accounts.
After registering for an account in eFiling, stakeholders will then be able to use DOB NOW: Build.
As part of its service offerings, RPO can provide assistant with the registration process as well as maintenance of the REQUIRED online accounts. Please contact our office if you would like assistance with this process.