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.
Jimmy Oddo Named As New Buildings Commissioner!
Image by TheRealDeal
RPO extends its warmest congratulations to Jimmy Oddo on his recent appointment as Commissioner of the NYC Department of Buildings. We look forward to working with you in your new role.
Additionally, we commend the DOB for their decision to retain the expertise of Kazimir Vilenchik, PE, as First Deputy Commissioner. Mr. Vilenchik has consistently demonstrated exceptional competence and a willingness to assist throughout his tenure at the department.
We look forward to our continued partnership with you and your team.
A Feel Good Friday, New York Community Story
Images provided by Sandy Imhoff
A client of ours called on Wednesday with a very unusual request. He explained that a friend of his, Sandy Imhoff, was displaced from her home when the garage at 57 Ann Street collapsed on Tuesday and that her cats were stranded in her apartment.
Tragically, Willis Moore, an employee working in the garage, died when the building collapsed. Sandy was lucky to be able to get out of her apartment with her 88 pound Borzoi named Ava, but she didn’t have time to find her two cats, Cathy and Dave, so she was forced to leave them behind. She went back to the building, which was declared unsafe, and she couldn’t convince anyone to let her back into the building to retrieve her fur babies. She started asking her friends for advice, one of whom is a long-time client of RPO. He called to tell me the story and I made a short list of people at the Department of Buildings who I thought would be willing to help.
Fortunately, the first person on the list was compassionate about the situation and immediately helped by calling the FDNY, who is in control of the building. It took a couple of attempts to locate the kitties, but all involved were persistent and were finally able to capture them using their favorite treats. Now Cathy and Dave have been rejoined with Ava and Sandy.
In the midst of dealing with a real tragedy, it was wonderful that the fine folks at DOB and FDNY recognized how a New Yorker was affected by the collateral damage from this horrible situation and made the extra effort to help out.
By Michael Pressel
Volume 8 | Issue 2: FDNY Permits Reminder
Image by Frankie Lopez on Unsplash
Our violations division posted a reminder to our staff that we thought would be worth sharing with you.
Reminder: A FDNY permit is required to conduct hot work using oxygen and a flammable gas. Additionally, storage of flammable gas requires a separate permit. These rules apply to both construction sites and site-specific operations such as repair shops and metal fabricators.
Call RPO at (212) 566-5110 if you need assistance to obtain these (or any other) permits or if you need assistance in resolving FDNY / DOB / DOT / DEP violations.
Volume 8 | Issue 1: Important Change To NYC DOT Rules For Temporary Construction Signs!
A new DOT rule was issued that requires contractors to place their 5-digit NYC DOT identification number (AKA permittee number) on temporary construction, raised plow, parking or regulatory signs.
ANY TEMPORARY CONSTRUCTION SIGNS THAT DO NOT ADHERE TO THIS NEW RULE ARE SUBJECT TO VIOLATION.
See below for details on this new DOT rule:
Your 5 digit NYC DOT identification number must be a fixed to the sign using a waterproof label or sticker. The font must be Arial black, 3/4" in height and width. Use must place the label or sticker in the following locations:
Front of Sign at the bottom right corner
Back of Sign at the bottom right corner
Back of Sign at the bottom left corner
Please let us know if you have any questions.
Volume 7 | Issue 9: Deadline For Posting Building Energy Efficiency Rating Labels
Owners of buildings that appear on the 2022 NYC Benchmarking Covered Building List have until Monday, October 31, 2022 post their updated Building Energy Efficiency Rating Labels in a conspicuous location near each public entrance to their buildings. Failure to post the DOB-issued label may result in the imposition of a civil penalty of $1250.
Please contact Kevin Danielson, Esq. at 212-566-5110 if you wish to engage RPO to assist with compliance.
Volume 7 | Issue 8: 2022 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 15, 2022 through Monday, January 2, 2023.
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 4th, 2022. 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.
14+ Foundation’s Annual Cocktail Benefit October 6th
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 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 on October 6th. I hope you will be able to join me there.
THURSDAY, OCTOBER 6TH, 2022
Cocktail Benefit: 6 PM - 11 PM
Program and Performance: 7 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 7 | Issue 7: Site Safety Requirement Changes Leading Up To The 2022 Construction Codes
As we reported previously, the forthcoming 2022 Construction Codes will require both a Construction Superintendent, and either a Site Safety Manager or Site Safety Coordinator to be designated for work subject to Building Code sections 3301.13.3 and 3310.1 for Major Buildings. This is in contrast to the current requirement to provide only a SSM or SSC for major buildings.
In recognition that there will be an increase in demand for safety professionals, the Department of Buildings is amending rule 104-08 to remove the prohibition on a Site Safety Manager or Site Safety Coordinator to also hold a Construction Superintendent registration. This allows qualified individuals to register as either a Construction Superintendent or a Site Safety Manager/Site Safety Coordinator, giving an individual flexibility to determine which role they wish to assume at any given jobsite.
Please do not hesitate to contact RPO if you wish to engage us for further consultation about site safety or any other changes coming into effect leading up to the implementation of the 2022 Construction Codes.
Volume 7 | Issue 6: DOB BIS And DOB NOW Data Losses
Please be advised that system improvements scheduled by the Department of Buildings this past weekend have resulted in BIS and DOB Now system data losses involving new filings, amendments, permits and more dating back to May 3, 2022.
Some of the information lost has been recovered, but efforts to make sure all information is up to date are ongoing. We are monitoring the situation and will be taking appropriate action to ensure all of our clients’ submissions are up-to-date.
As always, please feel free to call your Project Manager if you should have any specific questions or concerns.
Volume 7 | Issue 5: Construction Superintendents - Upcoming Limitation On Number Of Projects
STARTING ON JUNE 1ST, 2022, THE NUMBER OF PROJECTS UNDER THE SUPERVISION OF A DOB-LICENSED CONSTRUCTION SUPERINTENDENT WILL BE LIMITED TO FIVE (5).
Pursuant to section 3301.13.6 of the 2014 NYC Construction Code, which was amended on January 1st of this year by Local Law 149 of 2021, the rule gradually limits the number of construction projects for which a Construction Superintendent may be designated. These limits are being phased over a multi-year timeline as follows:
As of June 1, 2022, no individual may be designated as a Primary Construction Superintendent for more than five projects.
During the 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 the 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.
Please feel free to contact Robert Anic, NYSCEO, if you wish to engage RPO for additional consulting pertaining to these or any other changes in DOB requirements.
Volume 7 | Issue 4: Calendar Year 2021 Benchmarking Compliance Deadline Extended
The 2022 Benchmarking compliance deadline for calendar year 2021 data reporting has been extended. Property owners who were required to submit their CY2021 benchmarking information by May 1, 2022, are required to submit a fully compliant report by May 31, 2022.
The Mayor’s Office of Climate and Environmental Justice (MOCEJ), acting as the Mayor’s Office of Long-Term Planning and Sustainability (the Office) has advised the Department of Buildings that compliance with Administrative Code §28-309.4 (Benchmarking Energy and Water Use) has been temporarily suspended until May 31, 2022. Owners who do not submit a fully compliant report by May 31, 2022, will be subject to violations for each quarter they have been non-compliant.
Please call our office if you would like to engage RPO for consulting about Benchmarking requirements.
Volume 7 | Issue 3: Extension To Requirement For Gas Piping Inspection
An amendment to Local Law 152 of 2016 allows building owners to receive a 180-day extension of the due date for the inspection of a building’s gas piping system.
Only one 180-day extension can be requested. Failure to file the Gas Piping System Periodic Inspection Certification on or before the due date will result in in a civil penalty of $5,000.
Please call our office if you would like to engage RPO for additional consulting services related to these or any other requirements
Volume 7 | Issue 2: Building Bulletin 2022-001 For Flood Mitigation Measures Is Now In Effect
The purpose of the bulletin is to clarify FEMA’s requirements for residential ancillary spaces and building systems, and to help decipher which applications are required to comply with Appendix G of the New York City Building Code.
Applications for construction document approval with the Department in conjunction with a new building, horizontal enlargement, or substantial improvement must now show compliance with the requirement that ancillary areas and building systems that support residential uses and dwelling units be elevated above the design flood elevation. Note that below-grade parking of vehicles serving commercial (non-residential) and residential uses within a mixed-use building may be permitted within dry floodproofed enclosures below the design flood elevation.
BB 2022-001 May be found here: Click to View
Volume 7 | Issue 1: Major Projects Development Program
The Department of Buildings adopted a new rule last week in order to implement the Major Projects Development Program which takes effect on May 1, 2022. The idea is that the DOB will offer dedicated project coordination and guidance services such as pre-application development consultation, pre-construction consultations, pre-inspection consultations, and consultation regarding construction phasing and scheduling. According to the rule, consultations may cover zoning and code compliance; phasing of filings, permits and occupancy; construction, site safety, and public safety checks; and the issuance of Temporary and Final Certificates of Occupancy.
This program will be available for proposed new buildings that are greater than 20 stories or 500,00 sf, buildings adding more than 100,000 sf, and developments that pose unique hazards associated with construction or demolition.
The program is offered on a first-come first-serve basis, subject to program capacity. The cost is $50,000.00 for each private development and $ 25,000.00 for affordable housing projects.
There are no details available yet about the actual process for this program, but we venture to guess that it may be very similar to earlier DOB initiatives such as the HUB Development program that was rolled out about 10 years ago during the Bloomberg administration in which many new building applications were reviewed, approved and permitted through a coordinated effort within DOB to accelerate review of applications. However, there was no fee to participate in that initiative.
Given that the DOB is now charging to review each construction code determination (CCD) question, this program may very well be worth participating in since they will be providing code and zoning guidance as part of the program. A link to the rule may be found here: Click to View