Volume 6 | Issue 12: Civil Penalties To Be Imposed For Failure To File Sprinkler Report
Starting on January 1, 2022, failure to file an acceptable sprinkler report will result in civil penalties being assessed to owners. Per the requirements of NYC Local Law 26 of 2004, owners are mandated to file a report attesting to sprinklers being installed in their building. Non-compliance will result in the following civil penalties being imposed:
A fine of $5,000 per year for failure to file an acceptable report beginning on January 1, 2022 until an acceptable report is filed with DOB.
For late filings: in addition to the above penalty for failure to file, beginning February 1, 2022, $1,000 per month will be levied until an acceptable report is filed.
Upon approval of both an acceptable report by DOB and proof of civil penalty payment, The DOB will dismiss any DOB violations issued for this infraction.
Feel free to contact Kevin Danielson, Esq. with any questions pertaining to these new penalties
Volume 6 | Issue 11: Department Of Finance Extends Fairer Amnesty Program
The Department of Finance recently announced a 90-day extension of the FAIRER (Fine and Interest Reduction Enabling Recovery) Program, which was launched on September 20, 2021 to allow you to pay a reduced amount to resolve eligible Environmental Control Board (ECB) judgments issued by various city agencies. This means the deadline for paying the fines associated with such violations is now March 20, 2022.
The FAIRER Program covers two types of judgments: those that only require payment and those that require both payment and corrective action, and it establishes different reduction amounts depending on factors such as whether an individual or business attended a hearing or whether the judgments occurred during or prior to the COVID-19 pandemic. This can result in a savings of up to 75% of the base fine and interest.
So far, it is estimated that nearly 21,000 businesses and individuals have resolved their unpaid judgments under the FAIRER Program and RPO has saved tens of thousands of dollars in penalties for clients through this program.
Please feel free to contact Kevin Danielson, Esq. if you would like to engage RPO for consultation pertaining to this program or for any of your violation needs.
Volume 6 | Issue 10: BSA Special Permits No Longer Required For Gyms, Spas, and Licensed Massage Therapy
The New York City Council recently passed a proposal by the Department of City Planning which will amend the Zoning Resolution so that Physical Cultural Establishments (PCE’s) such as gyms, spas and other facilities dedicated to physical fitness and health will now be considered commercial uses that will be allowed as of right and are exempt from having to obtain Board of Standards and Appeals (BSA) special permits.
Those establishments that are less than 10,000 square feet will be permitted as Use Group 6 and Use Group 14 in all commercial and manufacturing districts including C-1 districts where gyms were previously not allowed.
Gyms and spas that are unlimited in size will be categorized as Use Group 9 and will be permitted as of right in the highest density C1 districts (C1-8, C1-9 and C1 districts overlays mapped with R9 or R10 districts), C2 districts and higher, and M1, M2 and M3 manufacturing districts.
Licensed massage therapy will be categorized as ambulatory health care (Use Group 4A) or health care offices (Use Group 6B) and will be treated in the same manner as other outpatient medical uses from a zoning perspective. This new designation will allow licensed massage therapy studios as community facilities in most residential districts with the exception of low-intensity R1 and R2 districts, and they will be permitted in all commercial and manufacturing districts.
This change is long awaited and significant. RPO is already in the process of amending a Certificate of Occupancy for a client who is very happy not to have to renew their expiring BSA permit. Let us know if we can help you in the same way.
Volume 6 | Issue 9: Law To Prohibit Gas Energy In New Building
The City Council passed Int 2317-2021 - a law that will restrict the level of carbon dioxide emissions from combustion equipment so much that the use of gas as energy in new buildings will effectively be prohibited.
The law will be phased in such a manner that most buildings, will be required to comply with the first phase starting in two years as indicated below.
A building that is seven stories or more where an application for the approval of construction documents is submitted after July 1, 2027.
A building that is less than seven stories where an application for the approval of construction documents is submitted after December 31, 2023.
A building, other than a building, that is classified as group R-3, where such emissions are in connection with the provision of hot water and an application for the approval of construction documents is submitted after July 1, 2027.
A building that is less than seven stories where the building owner demonstrates in accordance with rules promulgated by the department that 50 percent or more of the dwelling units in such building are subject to a regulatory agreement, restrictive declaration, or similar instrument with a federal, state, or local governmental entity or instrumentality for the creation or preservation of affordable housing, and an application for the approval of construction documents is submitted after December 31, 2025.
A building that is seven stories or more where the building owner demonstrates in accordance with rules promulgated by the department that 50 percent or more of the dwelling units in such building are subject to a regulatory agreement, restrictive declaration, or similar instrument with a federal, state, or local governmental entity or instrumentality for the creation or preservation of affordable housing, and an application for the approval of construction documents is submitted after December 31, 2027.
There are some exceptions which will be detailed in §28-506.1. The law is awaiting the Mayor’s signature which is expected within the next 30 days. Here is a link to the new law: §28-506.1
Volume 6 | Issue 8: New Law To Go Into Effect Requiring Periodic Inspections Of NYC Parking Structures - January 1, 2021
Owners of parking garages will be required to have a New York State Licensed Professional Engineer perform an assessment of the parking structure every six years and file a corresponding report with DOB expounding on the results of this inspection.
Per the NYC Building Code, this pertains to buildings or portions of a building, used for parking or storing motor vehicles, including space inside or under a building as well as all open parking garages and enclosed parking structures.
Notable exceptions to this law include auto repair shops, showrooms and service stations, garages with occupancy of less than three cars, unenclosed and unattached outdoor parking lots and one- and two- family houses containing a parking garage.
Filing Cycles will be broken down into two year sub-cycles with the first filing window beginning on January 1, 2022 and ending on December 31, 2023. Owners with parking garages in Manhattan Community Districts 1 through 7 are mandated to conduct an inspection and file a report during this time period.
The filing deadlines for other Community Districts/Boroughs, filing fees and civil penalties for non-compliance will be laid out at a future date by DOB.
An annual observation of the parking garage shall be required in addition to the aforementioned formal six year reporting. These annual observations may be performed by garage or building maintenance personnel, and the procedure in the form of a checklist needs to be developed by the inspecting PE. Record of the inspections must be made available upon request of the DOB.
Volume 6 | Issue 7: Construction Superintendent Bill Explained Int. 2276-A
The New York City Council recently approved several bills aimed at decreasing construction-related injuries and fatalities throughout the industry.
Int. 2276 will require all major buildings to employ a DOB-licensed Construction Superintendent in addition to a Site Safety Manager or Site Safety Coordinator when the new construction codes take effect on or after November 7, 2022. Additionally, the law adds and clarifies existing responsibilities for Construction Superintendents.
An additional byproduct of Int 2276 is a mandate that gradually limits the number of construction projects for which a Construction Superintendent may be designated. This multi-year phased in future timeline will be as follows:
-As of June 1, 2022, no individual may be designated as a Primary Construction Superintendent for more than five projects.
-During calendar year 2024, the number of projects a Primary Construction Superintendent can oversee will be reduced to three. Additionally, with the implementation of the new code, a Construction Superintendent assigned to a Major Project, may serve only that project. .
-Finally, during calendar year 2026, the number of projects a Primary Construction Superintendent can oversee will be reduced to one – for all types of projects.
This plan has the ultimate effect of requiring each construction site to have a dedicated Construction Superintendent by 2026.
On a related note, separate legislation in the form of Int. 2263 recently passed which amends the definition of a “Major Building” in the New York City Building Code from ten plus stories or 125 feet in height or more, to 7 stories and above or at least 75 feet in height. This new law will not go into effect until November 2024.
Please feel free to contact Kevin Danielson, Esq. if you have any questions pertaining to this new law.
Volume 6 | Issue 6: Some ECB Judgments May Now Qualify For A Reduced Fine Amount
The City of New York is offering a temporary program called “FAIRER” (Fines and Interest Reduction Enabling Recovery) which is geared toward allowing you to pay a reduced amount for certain eligible Environmental Control Board judgments.
If you have unpaid OATH ECB judgments that are eligible for the FAIRER Program, you may be able to save up to 75% and have the penalties and interest associated with your judgments waived.
The program which runs through December 20, 2021 is administered by the Department of Finance (DOF) and allows respondents named on violations to resolve outstanding Environmental Control Board (ECB) judgments issued by various city agencies and adjudicated by the Office of Administrative Trials and Hearings (OATH).
The amount that you can save will depend upon when your violations went into judgment and whether the Respondent named on the violation attended a hearing held by the Office of Administrative Trials and Hearings.
Please feel free to contact Kevin Danielson, Esq. if you would like to engage RPO for consultation pertaining to this program or for any of your violation needs.
Volume 6 | Issue 5: Energy Benchmarking Compliance Deadline Extended!
The 2021 Benchmarking compliance deadline for the 2020 calendar year data reporting has been extended. Property owners who were required to submit their Calendar Year 2020 benchmarking information by May 1, 2021, now have until June 1, 2021 to submit a fully compliant report.
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 until June 1, 2021 due to a technological deficiency. OLTPS has temporarily suspended this requirement pursuant to Administrative Code §28-309.6.
Owners who do not submit a fully compliant report by June 1, 2021, will be subject to violations for each quarter they have been non-compliant.
ENERGY EFFICIENCY RATING LABELS MUST BE POSTED!
Starting April 29, 2021, the Department will start issuing violations to owners of buildings over 25,000 square feet – or multiple buildings on a lot that total 100,000 square feet or more – that appear on the NYC Benchmarking Covered Buildings List who fail to post an Energy Efficiency Rating Label as required by Local Law 33 of 2018.
Per the rule, an owner who fails to post the label will be subject to a civil penalty of $1250. Covered buildings were required to post the label starting back in October 2020.
Inn At Glencairn Nominated!
Dear Friends,
As many of you are aware, my wife owns a B&B in Princeton, NJ called the Inn at Glencairn. Last year the Inn was nominated and eventually placed in the Top Ten for CN Travelers Mid-Atlantic region!
The Inn is again nominated this year and voting is now live. If you would like to help out a fabulous small enterprise (I am a little biased) please click on the link below and follow it to the CN Traveler site. Click on "Hotel and Resorts" and find the Inn at Glencairn in Princeton to vote. Consider it your good deed for the day to keep local businesses alive!
And, if you would like a much needed staycation in a clean, reputable Inn in Central NJ, follow the link and tell them I sent you. They might even throw in some free granola!
👉 2021 READER'S CHOICE AWARDS SURVEY 👈
Sincerely,
Michael Pressel
President
RPO Inc.
Volume 6 | Issue 4: Notices To Be Posted For Work Requiring Tenant Protection Plan
Per NYC Local Law 154 of 2017, it is mandatory to post a notice for all work requiring a tenant protection plan. Here is a link to the Department-Approved notice:
Click To View The TPP Occupants Notice
This notice must be distributed to each occupied dwelling unit;
And in the lobby;
And on each floor within ten feet of the elevator. If the building does not have an elevator, then posted within ten feet of, or in the main stairwell of each floor
Additionally, NYC HPD requires the following notice to be posted:
Click To View the Local Law 159 Notice
Failure to post these notices containing the required contact information may result in the imposition of penalties.
Finally, please be advised that it is required to notify DOB in writing at least 72 hours prior to beginning work that requires a tenant protection plan.
If you have any questions regarding the above stipulations, please contact the Project Manager assigned to your project.
Volume 6 | Issue 3: Extension Of Temporary Certificates Of Occupancy
Given current DOB Now problems, the D.O.B. will auto-renew existing Temporary Certificates of Occupancy that were applied for, even if the transition from the Building Information System (B.I.S.) to DOB Now has not been completed.
The D.O.B. has made it a requirement that all T.C.O./C.O. jobs be migrated from B.I.S. to DOB Now prior to issuing or re-issuing T.C.O.’s and C.O.’s. Due to reliability and compatibility problems for Certificate of Occupancy processing with the latest release of DOB Now, many T.C.O. renewals have begun to lapse.
The D.O.B. has recognized this problem and is issuing T.C.O. extension emails for jobs transitioning from B.I.S. to DOB Now. Once the Schedule of Occupancy request that was submitted in DOB Now is approved, a (Temporary) Certificate of Occupancy request must then be submitted and approved before the subsequent renewal is granted. D.O.B. renewal fees will be applied based on the expiration date of the T.C.O. prior to the extension.
Volume 6 | Issue 2: Permit Denials For Property Owners With $25,000 Or More Owed To The City Of New York
Please be advised that Local Law 160 of 2017 recently went into effect on March 1, 2021. This law mandates that DOB deny New Building, Demolition, Place of Assembly and Major Alteration permit applications if either of the following applies:
Properties with $25,000 or more in unpaid fines, civil penalties or judgments entered by a court or OATH.
Owner of the property owes, in aggregate, $25,000 or more in fines, civil penalties or judgments to the city.
Also, as part of this Local Law, the Department of Buildings will seek to revoke active permits for buildings whose owners owe more than $25,000 in the above-mentioned fines, civil penalties or judgments to the City. The Department will send a letter to the owner, permit holder, and applicant notifying them of the Department’s intent to revoke the permit, and give them an opportunity to respond. The letter will include instructions on how to respond and submit documentation.
If you have any questions or seek clarification on this new law, please do not hesitate to contact the Project Manager handling your project.
Volume 6 | Issue 1: Expansion of DOB NOW
Beginning on March 1, 2021, the DOB Now portal will be expanded to include filings for New Buildings and Major Alterations.
The nomenclature for Major Alterations affecting Certificates of Occupancy is now to be changed to Alteration-CO from its previous designation of Alt. 1. Filings affecting the Certificate of Occupancy will be premised on the last approved (not signed-off) application affecting the occupancy schedule. This is intended to make it easier to manage multiple C.O. jobs while maintaining only one Certificate of Occupancy for the building.
Additionally, initial Temporary Certificates of Occupancy, renewals and C.O.s will be managed through DOB Now effective March 1, including projects already under T.C.O. in the Building Information System (B.I.S.).
There are certain filings that will remain in the B.I.S. for now, including:
Filings in “D” status or later in B.I.S., by February 26, 2021,
Post Approval amendments for existing B.I.S. jobs,
New Buildings for Affordable Housing,
No Work Alt. 1’s (Alteration-CO),
Fee deferred projects,
Builder’s Pavement Plans,
Solar projects and green roofs,
Full Demolitions,
Tax lot sub-divisions.
To log into DOB NOW, all users need an active eFiling account specific to their license/registration type, if applicable.
As with all new software releases, we expect there to be some speed bumps, but the D.O.B. ought to be able to respond to glitches quickly given the years of DOB Now utility it already has.
Volume 5 | Issue 17: Expansion of DOB NOW
BEGINNING NEXT MONDAY, DECEMBER 28, THE DEPARTMENT OF BUILDINGS WILL BE TRANSITIONING ADDITIONAL WORK INTO THEIR DOB NOW PLATFORM.
Notably, General Construction filings (Alterations, NOT NEW BUILDINGS) will be required to be filed through DOB Now. Part and parcel to this requirement, Tenant Protection Plans and Site Safety Plans will also be filed through DOB Now. General Construction will now be categorized as either Construction, Chimney, Façade, or Enlargement work.
Foundation work, Earthwork, Support of Excavation and Protection & Mechanical Methods filings will also need to be filed through DOB Now beginning next Monday.
All filings in BIS will continue on that platform. RPO will honor proposals for work that we have already been retained for, even if we need to execute the work using the new platform.
The new platform has pros and cons, as would be expected. There are combinations and efficiencies that can happen, but the system often requires the inclusion of owners to execute administerial functions. Hopefully, some of these inefficiencies will be addressed; the DOB has indeed taken some industry feedback under consideration already, so we are hopeful for positive evolution. The one thing that can be counted on for certain is that there will continue to be constant change for the foreseeable future.
There is a Phase 2 planned for Early 2021 which will include New Buildings and filings that would result in an amended Certificate of Occupancy.
RPO will continue to provide updates for significant industry changes.
Volume 5 | Issue 16: New Tenant Protection Plan (TPP) Requirement
For projects requiring a Tenant Protection Plan – please be advised that Local Law No. 106 specifically mandates that the contractor is responsible for retaining a Registered Design Professional to prepare the TPP. There is no restriction that the Registered Design Professional be different than the Applicant of Record for the project. The Registered Design Professional can be the same or different than the Applicant of Record. Please also note, TPP’s are required prior to permit and applications will receive a required item that must be satisfied in BIS prior to receiving a permit.
RPO can prepare TPP’s and/or file TPP’s and properly satisfy all related requirements. Please call 212-566-5110 if you would like to engage RPO to assist with TPP’s.
Volume 5 | Issue 15: NYC Department Of Transportation Open Storefronts Program
New York City has established a citywide program for ground floor storefront businesses to use outdoor space. This program allows eligible businesses to conduct activity on city streets and roadways or a combination of both. Eligible businesses will be able to utilize public space for seating, queuing, or display of dry goods.
The Open Storefronts program will run from October 30th to December 31st, 2020.
There are many standards that must be met and RPO can assist you to meet them quickly and efficiently to get you back in business.
We will:
Confirm your business' eligibility for the program,
Consult with you about extent of permission that can be obtained at your location,
Develop and submit your application and submit the requisite affirmations,
Provide you with the industry guidelines you will be required to follow,
Provide you with the required posters.
We will also let you know about changes of requirements as they occur.
New York City will begin accepting applications starting on October 30th, 2020. Please contact Joseph Dodds at jdodds@rpoinc.com or by phone at 212-566-5110 x1137, if you would like to engage RPO to assist you or your tenant in obtaining permission for the Open Storefront program.
Volume 5 | Issue 14: 2020 Department Of Transportation Holiday Construction Embargo
PLEASE BE ADVISED THAT THE DEPARTMENT OF TRANSPORTATION HOLIDAY CONSTRUCTION EMBARGO WILL BE IN EFFECT EVERY DAY BEGINNING TUESDAY, NOVEMBER 24, 2020 THROUGH SUNDAY DECEMBER 27TH, 2020.
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.
The deadline for submission of embargo waiver requests is Monday, November 9th, 2020. After that applications will only be accepted for special circumstances that would have prevented a timely application.
RPO will notify its clients with projects within the Embargo and process waiver requests on their behalf. Please let us know if you have any questions.
Volume 5 | Issue 13: DOB Civil Penalty Increase For Failure To Certify Correction Of Class 1 Hazardous Violations & Restaurant Re-Opening Requirements
DOB Civil Penalty Increase for Failure to Certify Correction of Class 1 Hazardous Violations
Recent legislation, passed on August 27, 2020, has changed the civil penalties for failure to certify correction of Class 1 Immediately hazardous OATH Violations issued by the Department of Buildings.
The civil penalty for failing to submit a Certificate of Correction of a Class 1 immediately hazardous violation on a one-family or two family home is $1,500.
The civil penalty for failing to submit a Certificate of Correction of a Class 1 immediately hazardous violation on all other buildings will now range from $3,000 to $5,000.
It is not known at this time what will dictate the imposition of specific fine amounts within this range, but this change in civil penalty amounts will go into effect on October 3, 2020. Please note that New York City Administrative Code 28-219.2 already mandates that a Certificate of Correction be filed and accepted by Department of Buildings within 60 days of the date of the violation.
Please feel free to contact Kevin Danielson, Esq. if you would like to engage RPO for consultation pertaining to this new legislation or for any of your violation needs.
Restaurant Re-Opening Requirements
Restaurants will be allowed to reopen for indoor dining beginning on September 30th.
They will be subject to rigorous inspection protocols and strict occupancy limits. Some requirements for restaurants will include:
Serve customers at a maximum of 25% capacity.
Conduct temperature checks at every front door for each patron and employee; persons with a temperature greater than 100 degrees Fahrenheit will not be admitted
Collect Test & Trace data from at least one customer at each table – restaurant is required to keep information on file for 28 days.
Close bar tops for seating and service. They may only be used by employees.
Offer COVID-19 protections like PPE for employees.
Space tables six feet apart or provide solid barriers of at least five feet in height.
If New York City hits 2% in COVID-19 positivity rates, the City will immediately reassess indoor service.
Call RPO if you would like to engage us to consult about restaurant or any other COVID-19 business commencement requirements.
Volume 5 | Issue 12: Requirement To Post Energy Efficiency Rating
RPO would like to remind clients that the Department of Buildings requires that buildings subject to NYC Benchmarking rules must post Building Energy Efficiency Rating Labels no later than October 30, 2020. The Building Energy Efficiency Rating Labels must be placed in a conspicuous location near each public entrance to the building.
Starting October 1, 2020, owners can access and print the label through a new Building Energy Efficiency Rating tab in the DOB NOW Public Portal that will look like this:
The printed label will include the energy efficiency score of the building and an energy efficiency rating of A through F. Failure to post the label by October 30, may result in a civil penalty of $1250.
Please contact our office you wish to engage us for any consulting or assistance with this requirement.
Volume 5 | Issue 11: Weekend Block Closures For Use By Food Service Establishments To Be Considered By City
The City is now accepting applications for weekend block closures in certain areas for block segments that contain food service establishments.
Applications must come from either a community-based organization or Restaurant Group (consisting of three or more restaurants on one block) represented by a business entity.
If accepted by the City, the coalition of food service establishments in the block would be granted permission to close that block (while providing access for emergency vehicles) through Labor Day, September 7, 2020 on
FRIDAYS (POTENTIALLY) 5 PM TO 11 PM
SATURDAY AND SUNDAY (POTENTIALLY) 12 PM NOON TO 11 PM
RPO Inc. can assist hospitality clients prepare the required plans, gather and assemble the required information, and submit the application that is required for consideration.
Please call 212-566-5110 if you would like to engage RPO to assist you in preparing an application to the City for weekend use of your block for food service establishments.